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Form #1597NO-SMOKING ADDENDUM
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The ‘No Smoking addendum’ is an addendum to the lease agreement which is added to restrict the tenant from smoking in prohibited areas.
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NO-SMOKING ADDENDUM
This No-smoking Addendum is entered
between ________ (owner/agent) and _________ (tenant) on this __day
of_____20__. This addendum is an integral part of the residential lease
agreement dated: ________ entered between owner and tenant in respect of the
premises #________ (please insert the complete address of the premises).
1. Purpose : This addendum is entered between the
parties with the intention to mitigate the following risks:
· Smoking increases the risk of fire
· Smoking is likely to damage the Tenant’s premises
· Adverse health effects of Secondhand smoke
· Secondhand smoke is likely to drift from one apartment to
another.
· The increased maintenance and cleaning costs of smoking
2.
Definition of smoking: smoking
includes inhaling, exhaling, breathing, carrying, or possession of any lighted
cigarette, cigar, pipe, other product containing any amount of tobacco or other
similar lighted product.
3. No smoking
rule: Tenant agrees
and acknowledges that the areas specified below as smoke free areas and that
the tenant or members of tenant’s premises or guest of tenant shall not smoke
in the areas specified below:
(__)Smoking is
prohibited in the entire area of building including units, porches, patios,
balconies, front yard and back yard and other areas of the building
(__) Smoking is
prohibited on the entire property except the following area:
___________________________________________________________________
(specify the area)
Please check any of the above as
applicable to your building.
4. No smoking
signs: Owner/agent
shall put “No smoking” signs at the entrance and exits, in common areas, and in
conspicuous places in the apartment complex.
5. Promotion of No smoking policy: Tenant
shall inform guest or visitors about theNo smoking rule and shall promptly give
notice to the owner/agent about any incident of violation of the no smoking
rule.
6. No
guarantee from owner/agent: Tenant
agrees that by adoption of smoking in the permitted area as per section 3
above, Owner/agent do not guarantee the health of the person who smokes in that
area. Owner/agent shall take all necessary steps to
implement the no smoking
rule. Owner/agent shall not be required to take steps unless owner/agent has
actual knowledge or has been given written notice.
7. Third
party beneficiaries to this addendum: Tenant
agrees that other tenants are Third party beneficiaries of this Addendum. One
tenant may sue another tenant to enforce this Addendum. Any exercise of these
rights shall not create a presumption that the owner/agent breached this
Addendum.
8. Disclaimer:
Tenant acknowledges
the following: a) that the adoption and/or enforcement of the no smoking rule
shall not make the owner/agent a guarantor of Tenant’s health or of the
smoke-free condition of the Tenant’s apartment and the common areas; b) the
adoption and/or enforcement of the no smoking rule shall not, in any way,
change the warranty of habitability, the covenant of quiet enjoyment, or other
duty of care owed to the Tenant; and c) that Owner/agent’s ability to police,
monitor, or enforce the no smoking rule is dependent in significant part on
compliance by the Tenant and Tenant’s guests. Owner/agent specifically
disclaims any implied or express warranties that the building, common areas, or
Tenant’s premises will have any higher or improved air quality standards than
any other rental property. Owner/agent cannot and does not warrant or promise
that the rental premises or common areas will be free from secondhand smoke.
9. Effect
of breach of No smoking rule: If
tenant breaches the no smoking rule then owner/agent has the right to issue
notice of termination on these grounds alone..
10. Effect
on current tenants:
Tenant acknowledges that current tenants residing in the complex under a prior
lease, if any, will not be immediately required to cease smoking within their
apartments. As current residents move out or have their leases renewed, the
smoke-free rule will become effective for their apartments.
The undersigned Resident(s)
acknowledge(s) having read and understood the foregoing, and receipt of
duplicate of original.
______________________ ___________________________
Owner/agent Tenant
______________________ ___________________________
Owner/agent Tenant
___________________________
Tenant
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not be construed as legal advice. You are strongly encouraged to consult competent
legal council before engaging in any action based upon content contained on this
site.
These downloadable forms are only for personal use. Retransmission, redistribution,
or any other commercial use is prohibited. This includes reposting forms from this
site to another site offering free legal or other document forms for download.
Please note that the donator may have included different usage terms regarding this
form, and you agree to abide by these terms. It is highly recommended that you have
a licensed attorney review any legal documents for which you are searching in order
to make sure that your needs are being properly and completely satisfied.
Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
for any damage you might incur from your use of any submissions contained on this
site. If you do not agree to the above terms, please do not proceed.
These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
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is not engaged in recommending or referring members on the site or making claims
about the competence, character or qualifications of its participating members.
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Keywords: NO-SMOKING ADDENDUM, RENTAL, LEASE
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