What is a No Smoking Lease Addendum?
A no smoking lease addendum is a legal contract that is often incorporated into a residential lease agreement. This agreement between a landlord and tenant outlines the terms and conditions regarding smoking policies in a residential property.
Why Include a No Smoking Lease Addendum in a Rental Agreement?
Landlords may want to include a no smoking lease addendum in the rental agreement to clearly state any smoking regulations within the building. This addendum should clarify if there are designated smoking areas on the property or if smoking is prohibited entirely.
Is It Legal for Landlords to Prohibit Smoking?
Landlords are allowed to prohibit any form of smoking on their rental property, as long as they include a no-smoking policy in the lease agreement. Landlords cannot change their policies during the middle of a lease unless the tenant agrees to the new policies in writing. If a landlord doesn’t include a no-smoking policy in the lease, they will not be able to evict a tenant for smoking on the premises.
Can Landlords Prohibit Smoking Marijuana on Their Rental Properties?
Landlords can legally prohibit the smoking of marijuana on their property. Even though marijuana use is legal in many states, it still remains illegal under federal law. This means that, while landlords cannot prohibit marijuana entirely, they are allowed to limit its use to non-smoking methods only.
What About Medical Marijuana?
Tenants with medical marijuana cards are not covered under federal fair housing laws. Due to this, landlords are not required to permit medical marijuana smoking on the premises. Tenants living in smoke-free buildings will need to utilize other forms of medical marijuana while on the property.
Illegal Activity Clause
The conflicting state and federal marijuana laws has been a topic of confusion among landlords and tenants. Since marijuana is illegal on the federal level, landlords without a no smoking addendum may attempt to evict a tenant based on the illegal activity clause in the lease agreement. While this is possible, it is unlikely that a judge would agree to evict an otherwise blameless tenant due to smoking marijuana. This is why landlords should clearly state smoking regulations in the lease agreement.
What to Include in a No Smoking Lease Addendum
Landlords should include the following information in their no smoking lease addendum:
- Type of Agreement – The heading and opening should state that this is a no smoking lease addendum.
- Lease Date – The date of the original lease should be included.
- Agreement Date – Landlords should include the date that the agreement is signed and goes into effect.
- Name and Address – The names and addresses of both the landlord and tenant should be included.
- Signature and Date – The agreement should be signed and dated by both the landlord and tenant.
- Landlord’s Disclosure – The landlord should specify if there are designated smoking areas on the premises or if smoking is prohibited entirely.
- Definitions – The landlord should specify every form of smoking that is prohibited on the property.
- Effect of Breach and Right to Terminate Lease – The landlord should state that they have the right to evict a tenant for violating the terms of this addendum.
