Model Smokefree Lease Amendment

Model Smokefree Lease Amendment

A resource from ANR for use nationwide

The most effective method to protect residents of multi-unit housing from the harmful effects of drifting secondhand smoke is to pass a local law prohibiting smoking in multi-unit housing. However, in communities that are not ready to pass such a law, individual landlords can adopt a smokefree policy as part of the lease for the property.

Americans for Nonsmokers' Rights (ANR) developed a model lease addendum (also known as a lease amendment) for landlords and tenants to use in order to implement a smokefree policy. This amendment prohibits smoking in all areas of a property, indoors and outdoors, and includes e-cigarettes and marijuana.

The ANR lease amendment is not specific to California law and can be modified as needed. Note that in California, when a landlord adopts a smokefree policy, he or she is required by law to include a provision in the lease describing where smoking is prohibited. (CA Civil Code section 1947.5.)

For additional information, check out our Model California Ordinance Regulating Smoking in Multi-Unit Housing as well as our resources on smokefree housing. To learn more about supporting resident compliance with a smokefree housing law, take a look at our fact sheet for landlords and property owners.