Smoke-Free Lease Addendum Template

Use our smoke-free lease addendum to specify if your tenant can smoke marijuana or tobacco on your property.

Smoke-Free Lease Addendum

Updated April 29, 2024
Written by Josh Sainsbury | Reviewed by Susan Chai, Esq.

A smoke-free lease addendum is a document that a landlord can add to the original lease agreement to ban smoking. Once the tenant and landlord sign it, it becomes part of the original agreement.

The addendum can help landlords prohibit smoking if their current lease agreement is silent about whether smoking is permitted or prohibited in the rental property. Even if a tenant has already signed the lease or rental agreement, the landlord may later ask them to sign this document to establish a policy regarding smoked substances.

When to Use

A smoke-free lease addendum is commonly used when a standard lease agreement fails to address a smoking issue. Other reasons for using include:

The landlord has newly renovated the premises, and they want to protect it from smoke.
The landlord doesn’t want the tenant to damage the interior of a furnished apartment.
The tenant only verbally promised not to smoke.
Other tenants in the building have expressed concerns about a tenant’s smoking habits.
The state where the lease is has recently legalized marijuana or is considering marijuana ballot initiatives.
The state allows for the medical or recreational use of marijuana.

Medical Cannabis Laws by State
What to Include in a No-Smoking Lease Addendum
How to Write a Smoke-Free Lease Addendum
Smoke-Free Lease Addendum Sample
Frequently Asked Questions

Medical Cannabis Laws by State

Landlords who rent premises in one of the below-listed 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.

As of April 2024, the laws on recreational and medical marijuana in each state are as follows:

State	Recreational	Medical
Alabama	No	Yes
Alaska	Yes	Yes
Arizona	Yes	Yes
Arkansas	No	Yes
California	Yes	Yes
Colorado	Yes	Yes
Connecticut	Yes	Yes
Delaware	Yes	Yes
District of Columbia	Yes	Yes
Florida	No	Yes
Georgia	No	No
Hawaii	No	Yes
Idaho	No	No
Illinois	Yes	Yes
Indiana	No	No
Iowa	No	Yes
Kansas	No	No
Kentucky	No	Yes
Louisiana	No	Yes
Maine	Yes	Yes
Maryland	Yes	Yes
Massachusetts	Yes	Yes
Michigan	Yes	Yes
Minnesota	Yes	Yes
Mississippi	No	Yes
Missouri	Yes	Yes
Montana	Yes	Yes
Nebraska	No	No
Nevada	Yes	Yes
New Hampshire	No	Yes
New Jersey	Yes	Yes
New Mexico	Yes	Yes
New York	Yes	Yes
North Carolina	No	No
North Dakota	No	Yes
Ohio	Yes	Yes
Oklahoma	No	Yes
Oregon	Yes	Yes
Pennsylvania	No	Yes
Rhode Island	Yes	Yes
South Carolina	No	No
South Dakota	No	Yes
Tennessee	No	No
Texas	No	No
Utah	No	Yes
Vermont	Yes	Yes
Virginia	Yes	Yes
Washington	Yes	Yes
West Virginia	No	Yes
Wisconsin	No	No
Wyoming	No	No
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IMPORTANT

Even if tenants have a medical marijuana card, tenants may not smoke on the rental premises if a landlord broadly prohibits drugs that fall under the federal Controlled Substances Act.

In 2001, the U.S. Supreme Court held in Oakland Cannabis Buyers’ Cooperative that federal law did not create a medical necessity exception for “seriously ill” patients.

What to Include in a No-Smoking Lease Addendum

A simple no smoking addendum that prohibits or restricts smoking should generally have at least the following:

Who is not allowed to smoke, including the tenant(s) and their guests
What is not allowed to be on the premises, including tobacco or marijuana in any form
Where the prohibition 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

TIP

If the landlord wants to be comprehensive, the document should clarify and strictly prohibit any extract from the cannabis plant in any distilled, purified, or edible form.

How to Write a Smoke-Free Lease Addendum

You can prohibit smoking (tobacco and/or cannabis) on your property by following these steps:

Step 1 – Write the Date of the Original Lease Agreement

Enter the date of the original lease or rental agreement.

smoking lease addendum contract date

Step 2 – Fill in the Landlord’s and Tenant’s Names

Provide the full name of the landlord and tenant as written on the original lease or rental agreement, including all tenants named in the contract.

smoking lease addendum landlord tenant names

Step 3 – Identify the Property Address

Note the street (physical) address of the property being rented. Include any unit or apartment number, if applicable.

smoking lease addendum property address

Step 4 – Fill in Permitted Smoking Areas

Write any areas where the landlord permits smoking on the premises.

smoking lease addendum smoking areas

Step 5 – Note if the Tenant Will Pay for Smoking-Related Damages

Specify whether the tenant will pay for any property damage prohibited smoking on the premises causes.

smoking lease addendum cost to repair damages

Step 6 – Choose Indemnification

Note whether the tenant will indemnify the landlord against liabilities, judgments, costs, or claims by third parties for any injuries or property damages prohibited smoking causes.

smoking lease addendum indemnification

Step 7 – Pick the Lease Termination Option

Specify whether the landlord can terminate the lease agreement if tenants or guests violate the terms.

smoking lease addendum termination of lease agreement

Step 8 – Note Security Deposit

Note whether the tenant will forfeit the security deposit upon violating the addendum.