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Home Real Estate Documents Lease/Rental Agreement Smoking Addendum

No Smoking Lease Addendum

Use our Smoking Addendum to specify if your tenant can smoke marijuana or tobacco on your property.

Updated April 21, 2022 | Legally reviewed by Susan Chai, Esq.

A Smoking Addendum is a document added to an existing lease or rental agreement. Once signed, this document becomes part of the original agreement.

Table of Contents
  • What is a Smoking Lease Addendum?
  • What to Include in a Smoke-Free Addendum
  • Smoking Addendum Sample

What is a Smoking Lease Addendum?

Landlords should consider using a smoking lease addendum if their current lease or rental agreement is quiet about whether they allow smoking in their rental.

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

As a reference, this form is known by other names:

  • Addendum Prohibiting Smoking
  • Lease Addendum Prohibiting Smoking
  • Marijuana Addendum

When to Use a No Smoking Addendum

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

Here is a list of just a few reasons why a landlord should ask a tenant to sign an addendum prohibiting tobacco and cannabis:

  • Newly renovated premises
  • Furnished apartment may get damaged
  • Tenant only verbally promised not to smoke
  • Fellow tenants in the building express concern
  • State recently legalized marijuana
  • State is considering marijuana ballot initiatives
  • State allows medical or recreational use of marijuana

Landlords should make sure tenants understand that there is a zero-tolerance policy toward using all forms of tobacco and marijuana if that is what the document states.

Consequences of Not Using a No Smoking Lease Clause

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

Here are some of the possible preventable suffering an addendum may 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

This document allows landlords to clarify that marijuana includes any part of the cannabis plant, whether dried or in a living plant.

Most Common Situations to Use a No Smoking Clause

Landlords who rent premises in one of the below-listed cities or 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 cities have entirely legalized marijuana for both recreational and medicinal use:

  • Keego Harbor, Michigan
  • Portland, Maine
  • South Portland, Maine

The following states have fully legalized the use of recreational and medicinal marijuana:

  • Alaska
  • Colorado
  • District of Columbia (D.C.)
  • Oregon
  • Washington

The following states allow only the use of medical marijuana:

  • Arizona
  • Georgia
  • Hawaii
  • Illinois
  • Louisiana
  • Michigan
  • Montana
  • New Hampshire
  • New Jersey
  • New Mexico

The following states have decriminalized the use of marijuana:

  • California
  • Connecticut
  • Delaware
  • Massachusetts
  • Maryland
  • Maine
  • Minnesota
  • Mississippi*
  • North Carolina*
  • Nebraska
  • Nevada
  • New York**
  • Ohio
  • Rhode Island
  • Texas (only in Houston and Dallas)
  • Vermont

* Possession of marijuana is still classified as a misdemeanor in this state.
** Use of marijuana cannot be in public view

Landlords may also want their tenants to sign an addendum if they suspect the renters have recently used tobacco or cannabis products on the premises and the lease is currently silent on whether the property owner allows smoking.

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 the federal law did not create a medical necessity exception for “seriously ill” patients.

What to Include in a Smoke-Free Addendum

A simple lease addendum that prohibits, restricts, or allows smoking should generally have at least the following:

  • Who is allowed/not allowed to smoke, including the tenant and their guests
  • What is allowed/not allowed to be on the premises, including tobacco or marijuana in any form
  • Where the prohibition, if any, applies, especially on the premises and including common areas
  • What are the consequences of violating the addendum, including ending the lease
  • 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.

A smoking lease addendum document identifies the following essential elements:

Original Lease or Rental Agreement: refers to the existing agreement between Landlord and Tenant. Include the date and name of the lease or rental agreement.

Premises: confirm the address the landlord rents to the tenant and whether or not tobacco or marijuana usage is allowed on the premises.

Guests: clarify whether or not the policy applies to the tenant’s guests. Some landlords may allow the tenants to smoke, but choose to draw the line at allowing people they do not know to smoke on their property.

Liability: confirm that the tenant will defend the landlord if any injuries occur because the tenant violates the addendum and smokes or uses any substances the agreement prohibits.

Security Deposit: explain that tenants will lose their security deposit if the landlord finds any evidence of tenants smoking tobacco, cannabis, or other illicit substances on the rented premises.

Signatures: landlord and tenant should sign and date the addendum.

Smoking Addendum Sample

Below you can find what a smoking addendum typically looks like:

Smoking Addendum

DOWNLOAD PDF
DOWNLOAD WORD DOC

Related Landlords Documents

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  • Commercial Lease Agreement: A commercial lease agreement is a formal document between a landlord and a tenant to rent business property.
  • Lease Amendment Form: A Lease Amendment is a written document that details changes or modifications to the terms of a previously executed Lease or Rental Agreement.
  • Pet Addendum to a Lease Agreement: By signing a written Pet Addendum, the Landlord gives permission for the Tenant to have a pet in their home. In return, the Tenant agrees that they are...
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