Model Lease Language
To help ease your transition to smoke-free apartment buildings and condominiums, model lease language is available for you to discuss with your legal counsel for possible inclusion in your new or renewal leases.This language can be used in the following ways:
• It can be used to help write a smoke-free building policy.
• The language can be added to the lease.
• For condominiums, the language can be added to the Conditions, Covenants, and Restrictions (CC&Rs) and implemented immediately or at a specified future date.
Model language
Include in the "Definitions" section:
SMOKING: The term "smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product in any manner or in any form.
Include in the "Restrictions" section:
SMOKING: Due to the increased risk of fire and the known adverse health effects of secondhand smoke, smoking is prohibited in any area of the property, both private and common, whether enclosed or outdoors. This policy applies to all owners, tenants, guests, employees, and service persons.
Adopting a Lease Provision or Lease Addendum
Depending on the language and standards of your lease, you can adopt a smoke-free policy in as little as 30 days.
If you have a standard lease that provides that changes can only be made at the time of renewal, you must follow this contract stipulation. If you have included in your lease a provision allowing you to amend the lease with as little as 30 days notice you may. Remember, smoke-free policies are like any other policy change and should be treated the same as if you were amending requirements around such policies as trash disposal, pets or rent payment.
If you have a month-to-month lease (or rental agreement) you must give at least 30 days of the new lease (i.e. the original lease with the new smoke-free policy included).
If you do not have a written lease or rental agreement (‘tenancy at will’) you may change the tenancy with 30 days notice, thus creating a new tenancy.
If you are in public housing or government-subsidized housing you made adopt a smoke-free policy at the time the lease is renewed, with at least 30 days notice. For more information, please visit our page on Government Subsidized Housing.
The information and materials contained on this website are for informational purposes only and are not offered or intended to be and should not be construed to be legal advice nor to be a substitute for obtaining legal advice from a licensed attorney.