How to Add a No-Smoking Clause to a Lease
A landlord may prohibit smoking in a rental property for many reasons. Aside from the obvious fire hazard from a lit cigarette left unattended in the house, second-hand smoke may affect other neighbors and the landlord's property insurance premiums can increase. If a smoking tenant already occupies a unit and the landlord wants to add a no-smoking clause to an existing lease, doing so can protect the property as well as the landlord.
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Instructions
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Create a new lease or locate the existing lease. Ensure that the property address is stated at the top of the lease. Add a heading that states the unit is "nonsmoking" directly below the title of the lease, or add "nonsmoking unit" directly after the address.
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Add a special section within the lease that addresses the smoking issue. Ensure that the policy clearly states that smoking is prohibited on the premises. Title this section "Nonsmoking Policy" on the lease.
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State the necessity of the nonsmoking policy, such as the negative consequences of second-hand smoke, the risk of fire or increase in property insurance.
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Specify the type of smoking that is prohibited, such as smoking from cigars, cigarettes, pipes or marijuana.
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Add detailed terms to the lease that state that all parties agree that the rental unit is designated as nonsmoking. Define the property bounds and include the grounds, hallways, stairwells or other areas connected to the building.
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Outline the consequences for violating the terms of the no-smoking clause; for instance, that the tenant forfeits his security deposit or the violation is grounds for eviction.
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Sign the lease. Ensure that the tenant signs it and keeps a copy for his records.
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Tips & Warnings
A landlord can refuse to rent to smokers if the unit for rent is designated "nonsmoking." The reason for the rejection should be written on the back of the application and kept in case a discrimination complaint is filed against the landlord at a future date, according to author Judy Tremore.
