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.
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:
- District of Columbia
- New Jersey
- New Mexico
- New York
- Rhode Island
The following states (updated as of October 2022) allow only the use of medical marijuana:
- New Hampshire
- North Dakota
- South Dakota
- 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.
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
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.
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.
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.
Step 4 – Fill in Permitted Smoking Areas
5. Smoking Areas. Write any areas where the landlord permits smoking on the premises.
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.
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.
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.
Step 8 – Note Security Deposit
9. Security Deposit Loss. Note whether or not the tenant will forfeit the security deposit upon violating the addendum.
Smoke-Free Lease Addendum Sample
Below you can find a sample of lease addendum prohibiting smoking, including tobacco and cannabis: