Smoke-Free Lease Addendum Template

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 Sample
• 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:

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

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

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

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.

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.

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 of this addendum.

Step 8 – Note Security Deposit

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

Smoke-Free Lease Addendum Sample

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

DOWNLOAD PDF

DOWNLOAD MS WORD

Frequently Asked Questions