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Home Real Estate Documents Lease/Rental Agreement Smoking Addendum

Smoking Lease Addendum

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

Updated November 10, 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 a part of the original agreement.

Supplemental Forms

You can use this smoking policy addendum with a Rent-to-Own Agreement, Commercial Lease Agreement, Short-Term Rental Agreement, and Sublease Agreement.

Table of Contents
  • What is a Smoking Lease Addendum?
  • When to Use a Smoking Policy Addendum
  • What to Include in a Smoking Addendum
  • How to Write a Smoking Lease Addendum
  • Smoke-Free Lease Addendum Sample

What is a Smoking Lease Addendum?

Landlords should consider using a smoking lease addendum if their current lease or rental 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.

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

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

When to Use a Smoking Policy Addendum

A landlord commonly uses a smoking or 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 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/or 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 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 Smoking Lease Addendum

Without using this document, tenants can take advantage of a lease or rental agreement that is silent on smoking or other unlawful activity regarding controlled substances.

Here are some of the possible preventable results 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 Instances to Use a Smoking Policy Addendum (Cannabis)

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 city or states (updated as of October 2022) have fully legalized the use of recreational and medicinal marijuana:

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

The following states (updated as of October 2022) allow only the use of medical marijuana:

  • Alabama
  • Arkansas
  • Delaware
  • Florida
  • Hawaii
  • Iowa
  • Louisiana
  • Maryland
  • Minnesota
  • Mississippi
  • Missouri
  • New Hampshire
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • South Dakota
  • Utah
  • West Virginia

The following states (updated as of October 2022) have not legalized marijuana:

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

Landlords may also want their tenants to sign an addendum if they suspect the tenants 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 federal law did not create a medical necessity exception for “seriously ill” patients.

What to Include in a Smoking Addendum

A simple smoking 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(s) 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 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 Smoking Lease Addendum

Below is an example of a smoke-free lease addendum.

You can choose to permit or prohibit smoking (tobacco and/or cannabis) on your property and create a smoking or no-smoking addendum using our document builder.

Before you fill out your smoking addendum, ensure you have noted the state whose laws will govern this addendum.

Step 1 – Write Date of Original Lease Agreement

1. Date of Agreement. Enter the date of the original lease or rental agreement.

smoking lease addendum contract date

Step 2 – Fill in Landlord and Tenant Names

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

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

smoking lease addendum landlord tenant names

Step 3 – Identify Property Address

4. Physical 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

5. Smoking Areas. Write any areas where the landlord permits smoking on the premises.

smoking lease addendum smoking areas

Step 5 – Note Cost to Repair Damage

6. Repairs. Specify whether or not 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

7. Indemnifying the Landlord. Note whether or not 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 Lease Termination Option

8. Termination of Lease Agreement. Specify whether or not 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

9. Security Deposit Loss. Note whether or not the tenant will forfeit the security deposit upon violating the addendum.

smoking lease addendum security deposit

Smoke-Free Lease Addendum Sample

Below you can find a sample of lease addendum prohibiting smoking, including tobacco and cannabis:

Smoking Addendum

Smoking Lease Addendum_downloadable-pdf
DOWNLOAD PDF
DOWNLOAD WORD DOC

Related Real Estate Documents

  • Lease/Rental Agreement: A lease agreement is a written document that officially recognizes a legally binding relationship between two parties -- a landlord and a tenant.
  • Month-to-Month Rental/Lease Agreement: A legal document outlining a formal relationship to rent a residential premise between the property owner and another party.
  • Vacation Rental Short Term Lease Agreement: Thinking of leasing your property to holiday-makers or short term visitors? Here's how you can create a vacation rental short-term lease agreement.
  • Commercial Lease Agreement: A commercial lease agreement is a formal document between a landlord and a tenant to rent a business property.
  • Eviction Notice: A written record that the Landlord properly notified the Tenant of a problem (i.e. lease violation, late rent, the lease ended).
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