Are you in need of an important legal document that can help you transfer rights of a property from one party to another? If so, then an assignment of…continue reading
14+ Sample Smoking Lease Addendum
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What is a smoking lease addendum?
A smoking lease addendum is an additional document subsequent to the original lease that discusses the prohibition of smoking by the tenants and their guests within the property. The specifics of the agreement is included in the addendum as well, such as the tenant’s acknowledgement of the harms and risks of smoking, as well as secondhand smoke, and the punishment for non-compliance. Information about a smoking area may also be included, as well as the impermanence of its location, and even termination if the landlord wishes so. The legal contract or agreement has then to be signed by both parties in order for it to officially be added to the original lease.
Important Lease Addendum Clauses
Clauses are an important thing to consider when writing lease addendum, as they are usually written in compliance with landlord-tenant laws in the state and in your local unit as well. These clauses are more often than not written in legal jargon, as it is a requirement. Made to protect both the tenant and the landlord, these are important to be familiarized with before actually signing a lease agreement. Here are some important lease addendum clauses.
How to Make a Smoking Lease Addendum
Creating a lease addendum does not happen as easily as writing it and then stapling it to the original document. This is something that should be thoroughly made and agreed upon by both parties, and even reviewed by a lawyer to make sure that the addendum is still in compliance with state and local laws regarding housing. Moreover, the addendum has to have specific parts, albeit the content being completely arbitrary to the target issue of the landlord. The lease addendum should be precise and and specific, and written with the consequences the landlord wishes to be subsequent to violation. This is how you can make a smoking lease addendum.
Step 1 : Party Names and Address of the Area
The primary things that should appear on the smoking lease addendum are the names of both the tenant and the landlord, as well as the address of the area where the tenant is renting property. These are important to keep in documentation in order to be able to identify for whom this addendum is made for, as well as for the uniqueness of and ease to identify the file in and of itself.
Step 2: No Smoking Policy
The policy has to be discussed, along with the specific areas within the property where the no smoking policy takes effect for the purpose of clarity. In here, the landlord can also mention how this is a health concern, and is ultimately for the benefit of the residents in the apartment complex, for instance. She or he may specify that “no smoking” signs will be put up for these specific areas.
Step 3: Accordance with State Rental Laws
It could also be a good clarification to include how your policy is still tied back to state rental laws. Information about said laws may be included in the smoking lease addendum in order for a clearer picture to be painted on the necessity of the policy brought about by the supplemental document.
Step 4: Consequence for Breach of Contract
Consequences highlight the urgency and seriousness of certain policies. As a landlord, you must be clear on the consequences for breaching the smoking lease addendum. This may come in the form of a fee, and in that case, the specific amount has to be stated. Generally, the chosen consequence is required to be present to make sure that they are still in line with the rights and protection of the tenant, as well as the best interest of the landlord.
Step 5: Signatories
The signatories are perhaps the most important part of any contract, as they connote the confirmation of both parties. Once the smoking lease addendum is discussed by both parties, the landlord and the tenant must have their signatures in the designated part of the addendum, as well as the dates of when the signing took place.
Can I break my lease because of secondhand smoke?
You may be able to break your lease if the property is an area where the landlord inherently does not have any provisions that ban cigarette smoke as a whole. However, if the landlord has already filed a smoking lease for tenants during entry level, or in the form of an addendum, then it might mean that the landlord is only mandated to reprimand or penalize the tenant who is breaching the agreement in the lease in and of itself. In that case, it may be invalid for you to break your lease for a one-time violation.
Does an addendum supercede a lease?
An addendum is only an extension of the lease, and it does not stand on its own. If the original lease and the addendum discuss different things, it does not mean that they are mutually exclusive.
What’s the difference between an addendum and an amendment?
An amendment pertains to the adjustment of the lease as a whole or partially, which means that there are changes with the existing terms and conditions. Addenda are only extensions or additional policies that supplement the original lease.
Policies are made to protect constituents, and everyone else who might be affected with the issue. It is important to have these documented to ensure that there is a written agreement that shows the confirmation of the second party to comply with the terms and conditions, hence making them accountable if they fail to do so. Smoking lease addenda are made to ensure that the health and safety of everyone within the area of the property are protected, and perhaps are passed subsequent to the original lease because of a discovery of a tenant who smokes. Compliance to rules and policies are important to ensure the safety of everyone, as well as to be true to contracts that we have willingly signed as well.