• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    Business & Contracts

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Business Forms
    Business Formation
    • Business Plan
    • LLC Operating Agreement
    • Articles of Incorporation
    • Corporate Bylaws
    • Buy-Sell Agreement
    Business Operations
    • Business Contract
    • Partnership Agreement
    • Non-Disclosure Agreement
    • Release of Liability
    • Letter of Intent
    Service Contracts
    • Purchase Agreement
    • Sales Agreement
    • Invoice
    • Purchase Order
    • Business Purchase
    Employment
    • Employment Contract
    • Employment Offer
    • Employment Verification
    • Freelance Contract
    • Non-Compete Agreement
    View All Business Forms
  • Real Estate Forms
    Real Estate

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Real Estate Forms
    Landlords
    • Lease Agreement
    • Property Management
    • Eviction Notice
    • Late Rent Notice
    • Lease Termination
    Tenants
    • Room Rental
    • Sublease Agreement
    • Roommate Agreement
    • Notice to Vacate
    • Early Lease Termination
    Home Ownership
    • Real Estate Purchase Agreement
    • Mortgage Deed
    • Quitclaim Deed
    • Deed of Trust
    • Moving Checklist
    View all Real Estate Forms
  • Personal & Family Forms
    Personal and Family

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Personal and Family Forms
    Estate Planning
    • Power of Attorney
    • Last Will & Testament
    • Living Will
    • Advance Directive
    • DNR Form
    Personal Finance
    • Bill of Sale
    • Loan Agreement
    • Purchase Agreement
    • Promissory Note
    • Sales Agreement
    Family Matters
    • Parenting Plan
    • Child Travel Consent
    • Divorce Agreement
    • Separation Agreement
    • Prenuptial Agreement
    Affidavits
    • General Affidavit
    • Gift Affidavit
    • Affidavit of Identity
    • Affidavit of Residence
    • Affidavit of Death
    View All Personal Forms
  • Support
    Resources
    • Business
    • Real Estate
    • Personal and Family
    • Financial
    • Estate Planning
    Support
    • About Us
    • Careers
    • Contact Us
    • All Legal Documents

    Monday - Friday | 9AM - 7PM EDT

    (855) 335-9779

  • Sign In
  • :email

Home Real Estate Lease Agreement Smoke-Free Lease Addendum

Smoke-Free Lease Addendum Template

Use our smoke-free lease addendum to specify if your tenant can smoke marijuana or tobacco on your property.

Updated October 2, 2023 | Legally reviewed by Susan Chai, Esq.

A smoke-free lease addendum is a document a landlord can add to an original lease agreement to ban smoking. Once both the tenant and landlord sign it, this document becomes a part of the original agreement.

Table of Contents
  • What Is a Smoke-Free Lease Addendum?
  • When to Use a Smoke-Free Lease Addendum
  • Consequences of Not Using a No-Smoking Lease Addendum
  • Most Common Instances to Use a Smoke-Free Lease Addendum (Cannabis)
  • What to Include in a No-Smoking Lease Addendum
  • How to Write a Smoke-Free Lease Addendum
  • Smoke-Free Lease Addendum Template
  • Frequently Asked Questions

What Is a Smoke-Free Lease Addendum?

A smoke-free lease addendum can help you prohibit smoking if your current lease agreement is silent about whether smoking is permitted or prohibited in their rental.

Even if a tenant has already signed the lease or rental agreement, a landlord may later ask a tenant to sign this document to establish a policy regarding smoked substances.

When to Use a Smoke-Free Lease Addendum

A landlord commonly uses a no-smoking addendum when the original lease or rental agreement fails to address the smoking issue or the landlord is concerned about the tenant’s recent use of cannabis or tobacco products on the premises.

Here are some reasons a landlord should ask a tenant to sign an addendum prohibiting smoking:

  • 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.

Landlords should ensure tenants understand that there is a zero-tolerance policy toward using all tobacco and marijuana if that is what the lease agreement or addendum states.

Consequences of Not Using a No-Smoking Lease Addendum

Without using this document, tenants can take advantage of a lease or rental agreement that is silent on smoking.

Here are some negative effects that a smoke-free lease addendum can prevent:

  • Monetary damage
  • Legal expenses to evict a tenant
  • Costs to find a new tenant
  • Property damage
  • Replacement cost of furnishings
  • Unexpected smoke damage to walls, floors, and ceilings
  • Emotional distress
  • Managing an upset tenant
  • Complaints from neighbors

Most Common Instances to Use a Smoke-Free Lease Addendum (Cannabis)

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.

The following states (updated as of October 2023) have fully legalized the use of recreational and medicinal marijuana:

  • Alaska
  • Arizona
  • California
  • Colorado
  • Connecticut
  • Delaware
  • District of Columbia
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Oregon
  • Rhode Island
  • Vermont
  • Virginia
  • Washington

The following states (updated as of October 2023) allow only the use of medical marijuana:

  • Alabama
  • Arkansas
  • Florida
  • Hawaii
  • Kentucky
  • Louisiana
  • Mississippi
  • New Hampshire
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • South Dakota
  • Utah
  • West Virginia

The following states (updated as of October 2023) have not legalized marijuana:

  • Georgia – not decriminalized
  • Idaho – not decriminalized
  • Indiana – not decriminalized
  • Iowa – not decriminalized
  • Kansas – not decriminalized
  • Nebraska – decriminalized
  • North Carolina – decriminalized
  • South Carolina – not decriminalized
  • Tennessee – not decriminalized
  • Texas – not decriminalized
  • Wisconsin – not decriminalized
  • Wyoming – not decriminalized

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 lease 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 addendum 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 for writing a smoke-free lease addendum:

Step 1 – Write the Date of the Original Lease Agreement

Enter the date of the original lease or rental agreement.

smoking lease addendum contract date

Step 2 – Fill in the Landlord’s and Tenant’s Names

Provide the full landlord name written on the original lease or rental agreement.

Provide the full tenant name written on the original lease or rental agreement. List all tenants named in the contract.

smoking lease addendum landlord tenant names

Step 3 – Identify the Property Address

Note the street (physical) address of the property being rented. Include any unit or apartment number, if applicable.

smoking lease addendum property address

Step 4 – Fill in Permitted Smoking Areas

Write any areas where the landlord permits smoking on the premises.

smoking lease addendum smoking areas

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.

smoking lease addendum cost to repair damages

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.

smoking lease addendum indemnification

Step 7 – Pick the Lease Termination Option

Specify whether the landlord can terminate the lease agreement if tenants or guests violate the terms of this addendum.

smoking lease addendum termination of lease agreement

Step 8 – Note Security Deposit

Note whether the tenant will forfeit the security deposit upon violating the addendum.

smoking lease addendum security deposit

Smoke-Free Lease Addendum Template

Below, you can find a sample of our smoke-free lease addendum template. Download it as a PDF or Word file:

Smoke-Free Lease Addendum

DOWNLOAD PDF
DOWNLOAD MS WORD

Frequently Asked Questions

Can a smoke-free addendum ban vaping?


Yes. A landlord should define vaping and e-cigarettes in this addendum to make the ban clear to tenants.

How can I tell if a tenant has been smoking?


During a scheduled inspection of the property, 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 smoking. However, eviction is usually a last-resort punishment for smoking. Instead, you can issue a warning and try to get the tenant to stop the behavior.

Related Landlords Documents

  • Lease Agreement Addendum: Use our lease agreement addendum template to make changes to a residential lease agreement already in effect.
  • Lease/Rental Agreement: Create an enforceable lease/rental agreement for your house, apartment, or room for rent using the Legal Templates step-by-step builder.
  • Short-Term Rental Agreement: Thinking of renting your property to holiday-makers or short-term visitors? Here's how you can create a vacation rental short-term lease agreement.

Create Your Smoke-Free Lease Addendum in Minutes!

Legal Documents
  • All Legal Forms
  • Business Forms
  • Real Estate Forms
  • Personal and Family Forms
Popular Forms
  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement
Resources
  • Legal Resources
  • Business
  • Real Estate
  • Personal & Family
  • Estate Planning
  • Financial
Company
  • Pricing
  • About Us
  • Careers
  • Contact Us
  • Partner With Us
Users
  • Account
  • Terms of Use
  • Privacy Policy
  • Cookie Policy
  • Do Not Sell My Personal Information
McAfee - Together is power.
Trustpilot

(855) 335-9779, Monday-Friday, 9AM - 7PM EDT

Facebook Twitter LinkedIn YouTube

Copyright 2023 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use. Legaltemplates.net is owned and operated by Resume Technologies Limited, London with offices in London United Kingdom.”

Esc
no smoking addendum

The document above is a sample. Please note that the language you see here may change depending on your answers to the document questionnaire.

Fill in the details

Thank you for downloading one of our free legal templates!

Would you leave us a review?

We hope you've found what you need and can avoid the time, costs, and stress associated with dealing with a lawyer.

A review would mean the world to us (it only takes about 15 seconds).

Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample

Thanks again, and good luck!

Leave My Review