Topics a no-smoking clause usually covers
Use this as a discussion list with your attorney or property manager.
- What products are covered: cigarettes, cigars, pipes, hookah, e-cigarettes and vaping devices, and cannabis smoking.
- Where the rule applies: inside the unit, balconies and patios, fire escapes, hallways, stairwells, basements, courtyards and roof areas.
- Whether the rule binds guests, visitors, contractors and subtenants as well as the residents named on the lease.
- How violations are documented and what notice the resident receives.
- What remedies apply, such as cleaning and treatment costs at move-out, and how those relate to the security deposit.
- How the clause applies to existing residents at renewal versus new residents at signing.
- Any accommodations process required by fair housing law, handled case by case.
Why older buildings need more specific wording
In a new building with sealed units, a vague clause that says smoking is not allowed inside may be enough. In Capitol Hill's walk-ups and converted houses, smoke on a fire escape or in a back stairwell can find its way into several units. A clause that only covers the interior of the leased unit leaves those spaces open, and residents who smoke tend to move to exactly those places once the inside is off limits.
Older buildings also make enforcement harder. There may be no on-site manager, and the evidence is often a smell reported by a neighbor rather than anything visible. Lease language that explains how complaints are handled, what an inspection involves and how much notice is given helps everyone. It also protects the resident who smokes from vague or retaliatory accusations.
Finally, landlords converting an existing building usually cannot change the terms of a lease already in force. The common route is to add the clause at renewal and for new residents, then post building rules for common areas. A timeline for that kind of change appears elsewhere in these planning tools.
Terms that often appear in these clauses
- Smoke-free premises
- Wording that covers the entire property, including outdoor areas, rather than only the interior of each unit.
- Common areas
- Spaces shared by residents, such as halls, stairways, laundry rooms, lobbies and courtyards.
- Limited common elements
- In condominiums, areas like balconies assigned to one unit but owned in common; rules for these come from the association.
- Nuisance clause
- Lease language prohibiting behavior that unreasonably disturbs other residents, sometimes used for drifting smoke when no smoking clause exists.
- Lease addendum
- A separate signed page that adds terms, such as a smoking policy, to a standard lease form.
Questions to bring to your attorney
- Can the clause be added to month-to-month residents, and with how much notice?
- How should the clause tie into the security deposit and itemized deductions?
- Do Denver or Colorado rules affect smoking in the building's shared spaces?
- How should cannabis be addressed given state law on private use?
- What should the process be when a resident requests an accommodation?
General information for Capitol Hill, not a quote or professional advice. In an emergency, call 911.