Smoke-free Model
Lease Provision
In residential leases between a landlord and tenant, such as a lease for the rental of an apartment unit, a smoke-free lease provision can be a provision in a new lease or an addendum which amends an existing lease. For condominiums, the language can be added to the Covenants, Conditions, and Restrictions of the condominium declaration.
Lease Provision
RULES AND REGULATIONS
Resident
shall comply with all laws, ordinances, public rules, and governmental
regulations applicable to the leased premises and its use. Resident shall
comply with the rules and regulations of the Landlord, a copy of the rules and
regulations as they now exist has been provided to the Tenant. The Landlord may amend the rules and
regulations, from time to time, in any reasonable manner. This Tenant shall not
permit or suffer any act or omission constituting a nuisance to other
residents, management, or any authority, including without limitation,
excessive noise, excessive traffic into and out of the premise, violence or
threats of violence, use of controlled substances, and smoking. A violation of this Lease provision
shall be considered a material breach of the lease and grounds for termination
of the Lease by the Landlord.
Tenant acknowledges a receipt of a copy of the Rules and Regulations.
Initials _____.
ATTACHED RULES AND REGULATIONS PROVISION:
Smoking is prohibited in any area of the leased premises, including enclosed and outdoor areas. In accordance with the Colorado Clean Indoor Air Act, for purposes of this lease smoking means: the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco.[1] This provision applies to tenants and guests. It is the responsibility of the tenant to inform his/her guests of the no smoking provision of this lease and prohibit smoking by his/her household members or guests while on the premises. Smoking by the tenant, members of his/her household, or his/her guests in any area of the leased premises is a violation of this lease. A breach of this provision shall be considered a material breach of the lease and grounds for termination of the lease by the Landlord.
Condominium Declaration Provision
Under Colorado Clean Indoor Air Act ¤ 25-14-204 smoking is prohibited in common areas, including but not limited to restrooms, lobbies, and hallways, of the condominium premises.[2] In addition, this provision prohibits smoking in any area of the leased premises, including enclosed and outdoor private areas. In accordance with the Colorado Clean Indoor Air Act, for purposes of this lease ÒsmokingÓ means: the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco.[3] This provision applies to tenants and guests. It is the responsibility of the tenant to inform his/her guests of the no smoking provision of this lease and prohibit smoking by his/her household members or guests while on the premises. Smoking by the tenant, members of his/her household, or his/her guests in any area of the leased premises is a violation of this lease. A breach of this provision shall be considered a material breach of the lease and grounds for termination of the lease.
Lease Addendum
This addendum is made
this ________ day of _______________, 20____, and is added to and amends that certain
agreement by and between
_____________________________________ as Tenant(s) and
______________________________________________ as Landlord(s), which agreement
is dated ________ day of _______________________, 20____. Said agreement is
amended as follows:
Tenant and all members of the TenantÕs family or household are parties to a written lease with the Landlord (the Lease). This Addendum contains additional terms, conditions, and rules which are herby incorporated into the lease. A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease.
1. The ÒRules and RegulationsÓ lease provision shall include ÒsmokingÓ as a nuisance to other residents, management, or any authority.
2. The ÒRules and RegulationsÓ attached to this lease shall include the following provision:
Smoking
is prohibited in any area of the leased premises, including enclosed and
outdoor areas. In accordance with the Colorado Clean Indoor Air Act, for
purposes of this lease ÒsmokingÓ means: the burning of a lighted cigarette,
cigar, pipe, or any other matter or substance that contains tobacco.[4] This provision applies to tenants and
guests. It is the responsibility
of the tenant to inform his/her guests of the no smoking provision of this
lease and prohibit smoking by his/her household members or guests while on the
premises. Smoking by the tenant,
members of his/her household, or his/her guests in any area of the leased
premises is a violation of this lease.
A breach of this provision shall be considered a material breach of the
lease and grounds for termination of the lease by the Landlord.