🚭 Texas Smoking Policy Disclosure

Texas Smoking Policy Disclosure — Complete Guide

Texas Property Code §92.0111 is short but important: if a landlord restricts smoking in any way on the rental property, the restrictions must be disclosed to the tenant — either in the lease itself or in a separate signed disclosure. Failure to provide proper disclosure makes smoking-related lease violations much harder to enforce, and in some cases may prevent enforcement entirely.

For Texas landlords with non-smoking policies — and most landlords have them — this disclosure protects your ability to enforce the policy and recover damages for smoke-related harm to the unit.

Why a Stand-Alone Disclosure Makes Sense

You could bury the smoking policy in your main lease. Most landlords do. But a stand-alone disclosure has several advantages:

• Easier to update mid-tenancy without reissuing the entire lease
• Clearer evidence in court that the tenant was specifically informed — a standalone disclosure is harder to argue “I didn’t see it in the fine print”
• Works for existing leases where the original lease didn’t address smoking specifically
• Covers gaps — the policy can address e-cigarettes, cannabis, and balconies that older lease templates don’t mention

What to Actually Restrict

The unit itself

The strongest and most common restriction. Smoke damage inside the unit is the most expensive consequence — carpet replacement, paint sealing with primer, HVAC ductwork cleaning, appliance replacement. A full inside-unit ban protects the landlord’s asset.

Balconies and patios

Often overlooked. A tenant who steps onto the balcony to smoke may still cause damage (deposits on exterior surfaces, complaints from neighbors in multi-family properties) and may drift smoke back inside through open doors. Many landlords ban smoking on balconies too — and if you do, say so specifically.

Common areas

Hallways, stairwells, laundry rooms, mailrooms, lobbies. Most multi-family properties already ban smoking in these spaces under fire code; the disclosure reinforces that the lease can be terminated for violations.

Exterior/grounds

The most restrictive level — smoking banned anywhere on the property. Some landlords designate specific smoking areas (e.g., “only in the parking lot more than 25 feet from any entrance”); others prohibit smoking entirely.

E-Cigarettes, Vaping, and Cannabis

Texas courts will enforce policies as written. If your policy says “no smoking” but doesn’t mention e-cigarettes or vaping, a tenant may argue vaping isn’t “smoking.” Most modern landlord policies explicitly include:

• E-cigarettes and vapes — vapor damages walls, ceilings, and ductwork similarly to smoke
• Cannabis products — despite remaining illegal under Texas law for recreational use, cannabis odor and residue is a major complaint source. The disclosure documents that the landlord has explicitly prohibited cannabis smoking in addition to any legal prohibitions
• Hookah and water pipes — produce significant smoke and have a strong, persistent odor

Enforcing the Policy

When a tenant violates the smoking policy, the landlord has several options depending on how the policy is worded:

1. Written notice and cure opportunity — some landlords build in a warning system for first offenses
2. Monetary penalties — specified in the policy (e.g., $250 first violation, $500 subsequent)
3. Lease termination and eviction under Texas Property Code §24 for repeated or severe violations
4. Deduction from security deposit at move-out for documented smoke damage under §92.103

The strongest enforcement comes from a signed disclosure plus documented violations. Photos of ashtrays or cigarette butts, odor complaints from neighbors, maintenance reports of smoke residue — all of it matters.

Frequently Asked Questions

Is a smoking disclosure required by Texas law?

Only if you’re restricting smoking in any way. Texas Property Code §92.0111 requires disclosure only when restrictions exist. If you allow smoking in the unit (which is unusual but legal), no disclosure is required. If you restrict smoking anywhere on the property, the restriction must be disclosed in the lease or a separate signed document.

Does the disclosure have to be a separate form, or can it be in the lease?

Either works. §92.0111 accepts “lease or separate written addendum.” Many landlords include a short smoking clause in the main lease and use this stand-alone form for more detailed policies or for existing tenants whose leases didn’t originally address smoking.

Can I ban vaping and e-cigarettes under Texas law?

Yes. Texas doesn’t classify e-cigarettes as “smoking” under all statutes, but landlords can restrict them via the lease and disclosure. The key is specificity — say “smoking and vaping” explicitly in the policy so there’s no ambiguity.

What about medical marijuana users?

Texas’s Compassionate Use Program allows limited low-THC cannabis for specific conditions, but does not authorize smoking as a delivery method. Landlords can generally enforce no-smoking policies against cannabis users — smoking is still prohibited; non-smoking delivery methods (oils, edibles) would not violate a smoking policy. For specific situations involving disability accommodation, consult a Texas attorney.

Can the landlord deduct smoke damage from the security deposit?

Yes, if the smoking policy was disclosed and the damage is documented. Smoke damage beyond normal wear and tear is a permissible deduction under Texas Property Code §92.104. Repainting with primer-sealer, replacing smoke-stained carpet, cleaning HVAC ductwork — all are legitimate deductions when supported by documentation.

Can I evict a tenant for smoking violations?

Yes, if the policy was properly disclosed and the tenant repeatedly violates it after written notice. The standard Texas Property Code §24.005 eviction process applies — 3-day notice to vacate, followed by filing in Justice Court if they don’t leave. Keep your documentation organized: signed disclosure, photos, written warnings, and damage reports.

Related Texas Forms

• Texas Residential Lease Agreement — the underlying lease
• Pet Agreement Addendum — another common lease addendum
• Lease Amendment Form — for adding the smoking policy mid-lease
• 3-Day Notice for Lease Violation — for enforcement
• All Texas Landlord Forms — 33+ TX forms