A Smoke-Free Addendum is an addition to a lease agreement that prohibits smoking in a rental property. A Smoke-Free Addendum can be integrated into the original lease agreement after the lease has been signed.
If landlords do not have a clause regarding whether smoking is allowed on their property it’s always a good idea to include one.
Even if a lease or rental agreement has already been signed without such an agreement being part of the original lease, a landlord may subsequently request that tenants sign a smoke-free addendum agreement.
What you need to know
Can a landlord ban tenants from smoking?
When there are no anti-smoking regulation laws in place, landlords have the authority to regulate or prohibit smoking anywhere on a leased property, including within individual apartments. Regardless of health concerns around secondhand smoke, landlords also frequently restrict smoking to decrease fire danger, lower insurance rates, and eliminate stains and smells.
How to identify smoke in an apartment?
Cigarette smoke adheres to clothing and furnishings quite effectively. A landlord can usually quickly identify whether a tenant has been smoking in an apartment as the smell will linger and there may be discoloration on the curtains, drapes, carpets, upholstered furniture, and linen. Smoke odor clings to floors, walls, and ceilings and is hard to eliminate.
Landlords may find cigarette stains on walls, surfaces, drapes, light fixtures, and lamps. Having tenants sign a Smoke-Free Agreement will ideally act as a deterrent for tenants tempted to smoke.
