How to Write a No Smoking Ban in a Rental Agreement

Landlords can place provisions in a lease to ban smoking in their buildings.

More and more landlords are banning smoking in their properties. Smoking can cause a bad odor, can easily damage the interior and is a potential fire hazard. Families and health-conscious individuals also avoid properties where smoking is permitted. However, landlords are not at their property all of the time and cannot constantly monitor the tenant. Instead, they must make alternative provisions. Specifically, they can include terms in the lease to ban smoking in the property.

Instructions

1. Open a standard lease document on your computer or obtain one from a real estate lawyer. Use one that is compliant with the standards of your state and has been vetted by a real estate law expert.

2. Review standard terms to prohibit smoking in your state. Consider your specific circumstances and the differences you might implement. One standard term is as follows:

   NO SMOKING WILL BE PERMITTED INSIDE THE HOUSE. LESSEES WILL BE SUBJECT TO CHARGES, DAMAGES, AND EVICTION PROVISIONS OF THIS LEASE IF THIS PROVISION IS VIOLATED. IF THERE IS ANY EVIDENCE OF SMOKING INSIDE THE HOUSE AT ANY TIME DURING THE LEASE, THE DEPOSIT WILL BE FORFEITED.

3. Write the article or bullet point in the lease specifically banning smoking on the premises. Include the consequences of smoking on the property, ranging from warnings to fines to termination of the lease. You may include a tiered system of escalating consequences as well.

4. Seek guidance from a real estate lawyer or experienced professional in your state before providing it to a tenant for signing. Edit the terms based on their feedback.

References

• How Landlords Can Prevent Smoking in Rental Housing; TALC; March 2006
• More Landlords Move to Ban Smoking