A smoke-free lease addendum is a document that a landlord can add to the original lease agreement to ban smoking. Once the tenant and landlord sign it, it becomes part of the original agreement.
The addendum can help landlords prohibit smoking if their current lease agreement is silent about whether smoking is permitted or prohibited in the rental property. Even if a tenant has already signed the lease or rental agreement, the landlord may later ask them to sign this document to establish a policy regarding smoked substances.
When to Use
A smoke-free lease addendum is commonly used when a standard lease agreement fails to address a smoking issue. Other reasons for using include:
- The landlord has newly renovated the premises, and they want to protect it from smoke.
- The landlord doesn’t want the tenant to damage the interior of a furnished apartment.
- The tenant only verbally promised not to smoke.
- Other tenants in the building have expressed concerns about a tenant’s smoking habits.
- The state where the lease is has recently legalized marijuana or is considering marijuana ballot initiatives.
- The state allows for the medical or recreational use of marijuana.
Medical Cannabis Laws by State
Landlords who rent premises in one of the below-listed states that have legalized marijuana should consider this form to clarify whether their tenants can or cannot smoke any cannabis products while living on the premises.
As of April 2024, the laws on recreational and medical marijuana in each state are as follows:
| State | Recreational | Medical |
|---|---|---|
| Alabama | No | Yes |
| Alaska | Yes | Yes |
| Arizona | Yes | Yes |
| Arkansas | No | Yes |
| California | Yes | Yes |
IMPORTANT
Even if tenants have a medical marijuana card, tenants may not smoke on the rental premises if a landlord broadly prohibits drugs that fall under the federal Controlled Substances Act.
In 2001, the U.S. Supreme Court held in Oakland Cannabis Buyers’ Cooperative that federal law did not create a medical necessity exception for “seriously ill” patients.
What to Include in a No-Smoking Lease Addendum
A simple no smoking addendum that prohibits or restricts smoking should generally have at least the following:
- Who is not allowed to smoke, including the tenant(s) and their guests
- What is not allowed to be on the premises, including tobacco or marijuana in any form
- Where the prohibition applies, especially on the premises, including common areas
- What are the consequences of violating the addendum, including terminating the lease early
- Why smoking, if disallowed or restricted, is considered a disturbance and nuisance to neighboring residents
- Whether tenants will lose their security deposit or be responsible for any damages if they smoke
TIP
If the landlord wants to be comprehensive, the document should clarify and strictly prohibit any extract from the cannabis plant in any distilled, purified, or edible form.
How to Write a Smoke-Free Lease Addendum
You can prohibit smoking (tobacco and/or cannabis) on your property by following these steps:
Step 1 – Write the Date of the Original Lease Agreement
Enter the date of the original lease or rental agreement.
Step 2 – Fill in the Landlord’s and Tenant’s Names
Provide the full name of the landlord and tenant as written on the original lease or rental agreement, including all tenants named in the contract.
Step 3 – Identify the Property Address
Note the street (physical) address of the property being rented. Include any unit or apartment number, if applicable.
Step 4 – Fill in Permitted Smoking Areas
Write any areas where the landlord permits smoking on the premises.
Step 5 – Note if the Tenant Will Pay for Smoking-Related Damages
Specify whether the tenant will pay for any property damage prohibited smoking on the premises causes.
Step 6 – Choose Indemnification
Note whether the tenant will indemnify the landlord against liabilities, judgments, costs, or claims by third parties for any injuries or property damages prohibited smoking causes.
Step 7 – Pick the Lease Termination Option
Specify whether the landlord can terminate the lease agreement if tenants or guests violate the terms.
Step 8 – Note Security Deposit
Note whether the tenant will forfeit the security deposit upon violating the addendum.
Smoke-Free Lease Addendum Sample
Frequently Asked Questions
Can a smoke-free addendum ban vaping?
Yes. A landlord should define vaping and e-cigarettes in this addendum to clarify the ban to tenants.
How can I tell if a tenant has been smoking?
During a scheduled property inspection, you can note if the unit and its carpeting and curtains smell like smoke. You can also look for burn marks on the furniture and smoke stains on the walls.
Can I evict a tenant for smoking?
If you include a no-smoking policy in the lease or an addendum, you can evict a tenant for non-compliance. However, eviction is usually a last-resort punishment for smoking. Instead, you can issue a warning and get the tenant to stop the behavior.
