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.

Terms Clause : The term clause of the lease is the duration of the tenant’s stay in the area, hence, the amount of time she or he has to be subjected to the terms and conditions mentioned in the lease as well. It also dictates the duration of other things that come with the property, such as the insurance coverage, and until when it could take effect. Everything included with the area is mentioned here, and it is technically the period between the commencement and expiration date of the agreement in and of itself.Sublet Rules Clause : Subletting is technically when a rented space is also being rented by another tenant. In this clause, the landlord’s rules regarding subletting are reflected, and may usually entail the tenant having to inform the landlord if they plan on subletting the area. The landlord, of course, always has the freedom to reject the proposal for their own reasons.Insurance Clause : A lease may need the tenant or lessee to invest in property and liability insurance for further protection against various risks such as burglary, natural disasters i.e. earthquakes, floods, or fire, and the like. The type of insurance the tenant has to invest in can usually be negotiated with the landlord, as these specific types are used to tailor-fit what the needs of the tenant are.Equipment and Facilities Maintenance Clause : Properties brought about for lease more often than not already come with home equipment and facilities to make living conditions easier and a lot more comfortable. The equipment and facilities maintenance clause discusses how the tenant is expected to take care of the other assets that come with the area, such as kitchenware, the washing machine, television set, and a lot more. When these materials are broken by the tenant, then they are expected to pay for them. However, if the reason for the breaking of the equipment is because of oldness, then this evades payment of the tenant.Renewal Clause : This clause either talks about whether your lease¬†renewal is automatic, hence the tenant does not have to do anything to renew the lease, unless she or he says otherwise, or talks about the steps that the tenant has to undergo in order to renew the lease by the end of the term. It may also include the notice period for when a tenant has to request for renewal, as well as other fees that may entail the process in and of itself.Severability Clause : Severability pertains to a provision in the lease that may be considered null or invalid in court, however not bearing the power of making the rest of the terms and conditions in the agreement void as well. This clause is a policy provision that argues that besides the parts affected by the coverage limits, protection still applies to each guaranteed separate policy. The severability clause is used to protect the terms that were made by the landlord at the very beginning of the transaction.Disturbance Clause : This clause is made to ensure that all the tenants residing in an apartment complex are able to live comfortably and peacefully. The disturbance clause discusses the period of time guests are allowed to come in, how many guests are allowed to be invited in, the advised volume of speakers and televisions, and a lot more. Failure to comply may result in the tenant being penalized, usually by paying a fee, or simply by being reprimanded by the landlord.Access to Premises Clause : The access to premises clause states how the landlord is allowed inside the premises for specific reasons, however with notice of entry. These valid reasons may be inspection of property, or the reparation of broken facilities or equipment. The notice of entry may be neglected by the landlord, however, for emergency reasons, such as fire, or a bursting pipe in the area. Emergencies need immediate responses, which is why it is justifiable for the landlord to enter the area.Use of Premises Clause : This clause specifically discusses the use of property that the landlord consents to. This may look like the landlord having the rule of only allowing the tenant to use the property for residence, and not to conduct businesses in. This may be negotiated between the two parties, but more often than not, the landlord truly stands with the decision of not allowing business for liability and risk reasons. This clause also entails a few other rules such as keeping the premise clean at all times, the tenant not being able to have pets around, or the necessity to park vehicles properly. The use of premise clause is also where the smoking lease addendum falls under, since it is a health concern and ultimately dictates something the tenant should avoid in order to comply. These rules are to protect both the tenant’s and the landlord’s interests.Buyout Clause : This clause is optional, and it is basically about the tenant having the option to break the lease agreement within an agreed period of time, or anytime at all. This may also entail a lease break fee, and the landlord may specify the amount in this clause. This ensures the freedom of the tenant to change their mind, and often makes them more comfortable in signing the lease in case they might have a change of heart.

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.

FAQ

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.