Free No-Smoking Addendum
No-smoking lease addendum. Enforceable in all 50 states. Covers tobacco, vaping/e-cigarettes, marijuana (even in states with legal recreational use), and hookah. HUD-subsidized housing has mandatory no-smoking rules. Smoke damage commonly justifies security-deposit deductions for remediation.
Free No-Smoking Addendum — overview
A No-Smoking Addendum is a contractual addendum prohibiting smoking on the rental premises. Enforceable in all 50 states; covers tobacco, vaping, marijuana, and hookah; HUD-mandatory in federally-subsidized housing.
Complete the Addendum
Complete the form below to generate a No-Smoking Addendum. The addendum must identify the master lease it modifies, the parties, and the new terms. Both landlord and tenant must sign for the addendum to be enforceable. Once signed, attach the addendum to the master lease — the addendum and lease together constitute the full agreement.
How addenda work: An addendum is a contractual amendment to a master lease. It does not replace the lease — it adds to or modifies specific provisions. If there is a conflict between the addendum and the master lease, the addendum controls (when properly executed). All parties to the master lease should sign the addendum.
1. Master Lease (Identification)
2. Parties
3. Addendum Terms
No-smoking addenda are enforceable in nearly every state. Smoke damage (yellow walls, persistent odor, ash damage) commonly exceeds ordinary wear and tear. Some states (Vermont, Oregon) have specific no-smoking landlord protections. Federal HUD-subsidized housing has mandatory no-smoking rules.
4. Signatures (All Parties)
Both landlord and tenant(s) must sign this addendum. Once signed, attach to the master lease. Each party retains a signed copy.
About the No-Smoking Addendum
No-smoking lease addenda are enforceable in nearly every U.S. state. The landlord’s right to prohibit smoking on the premises is widely recognized; courts have rejected tenant challenges based on ‘right to smoke’ arguments. Smoke damage — yellow walls, persistent odor (often requiring ozone treatment or paint sealing), ash damage to flooring and surfaces — commonly constitutes excess wear and tear beyond ordinary use, justifying security deposit deductions for remediation. Federal HUD made no-smoking mandatory in federally-subsidized housing (Section 8 housing, public housing) effective July 30, 2018. Even in states with legal recreational marijuana (California, Colorado, Washington, Oregon, Illinois, New York, others), private landlords may prohibit marijuana smoking on premises — federal preemption (marijuana remains illegal under federal law) supports landlord enforcement. Some states have additional landlord protections: Vermont (specific no-smoking enforcement statutes), Oregon (smoking-related lease termination protections). This addendum should specify: (1) what is prohibited (tobacco, vaping, marijuana, hookah); (2) where prohibited (inside the unit, on balconies/patios, in common areas); (3) consequences of violation (warnings, eviction, security deposit deductions for smoke remediation).
Key Provisions
- Enforceable in all 50 states as lease provision
- HUD mandatory in federally-subsidized housing (effective 2018)
- Covers tobacco, vaping, marijuana (even where legal), hookah
- Smoke damage = excess wear and tear (security deposit deductions for remediation)
- Vermont, Oregon have specific landlord enforcement protections
- Smoke drift from balconies / patios common complaint — addendum should address
Common Mistakes
- Vague scope (tobacco-only vs all smoking — clarify which)
- Not covering vaping / e-cigarettes (separately from tobacco)
- Not covering marijuana smoking (despite state legalization)
- Not addressing smoke drift from balconies / patios
- Confused about HUD subsidized housing rules
- Treating second-hand smoke nuisance claims dismissively
Best Practices for Lease Addenda
- Identify the master lease. The addendum should reference the lease date and parties so there’s no ambiguity which lease it modifies.
- All parties sign. Every party to the master lease must sign the addendum. If the addendum is not signed by all tenants, it may be unenforceable against the non-signing tenants.
- Attach to the master lease. Keep the addendum physically attached to the lease. A loose addendum can be lost or disputed.
- Be specific. Vague terms create disputes. State exactly what is permitted, prohibited, charged, or modified.
- State precedence. Most addenda say “in the event of conflict between this addendum and the master lease, this addendum controls.”
- Don’t violate state law. Provisions that violate state landlord-tenant law (e.g., waiving habitability, anti-retaliation, security-deposit rules) are unenforceable even if both parties sign.
Screen before you sign anything
Addenda are binding contracts. Before adding any tenant to a lease — or before agreeing to modifications mid-tenancy — make sure you understand the tenant’s history. Tenant Screening Background Check has been verifying renters since 2004 — credit, eviction filings, criminal background, and employment.
Order Tenant Screening →
Published by Tenant Screening Background Check
Established 2004 · 20+ Years · All U.S. States & Territories · Statute-Based · Attorney-Reviewed
A Private Eye Reports™ service trusted by landlords, property managers, and attorneys.
⚖ Legal Disclaimer
This addendum form is provided for general informational purposes only and does not constitute legal advice. State landlord-tenant law and local rental ordinances impose specific requirements that may affect the enforceability of certain provisions. For smoke-free housing guidance, visit HUD Smoke-Free Housing. Consult a qualified landlord-tenant attorney before relying on this template, especially in rent-controlled jurisdictions or for high-value tenancies.
