Tenant and all members of tenant’s family or household are parties to a written lease with Landlord (the Lease). This Addendum states the following additional terms, conditions and rules which are hereby 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.
The parties desire to mitigate (i) the irritation and known health effects of secondhand smoke; (ii) the increased maintenance, cleaning and redecorating costs from smoking; (iii) the increased risk of fire from smoking; and (iv) the higher costs of fire insurance for a nonsmoke-free building.
The term “smoking” means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, or other tobacco product or similar lighted product in any manner or in any form.
Tenant agrees and acknowledges that the premises to be occupied by tenant and members of tenant’s household have been designated as a smoke-free living environment. Tenant and members of tenant’s household shall not smoke anywhere in the unit rented by tenant, or the building where the tenant’s dwelling is located, or in any of the common areas or adjoining grounds of such building or other parts of the rental community, nor shall tenant permit any guests or visitors under the control of Tenant to do so.
Tenant shall inform tenant’s guests of the no-smoking policy. Further, tenant shall promptly give landlord a written statement of any incident where tobacco smoke is migrating into the tenant’s unit from sources outside of the tenant’s apartment unit.
Landlord shall post no-smoking signs at entrances and exits, common areas, hallways, and in conspicuous places adjoining the grounds of the apartment complex.
Tenant acknowledges that landlord’s adoption of a smoke-free living environment, and the efforts to designate the rental complex as smoke-free, do not make the landlord or any of its managing agents the guarantor of tenant’s health or of the smoke-free condition of the tenant’s unit and the common areas. However, landlord shall take reasonable steps to enforce the smoke-free terms of its leases and to make the complex smoke-free. Landlord is not required to take steps in response to smoking unless landlord knows of said smoking or has been given written notice of said smoking.
Tenant agrees that the other tenants at the complex are the third-party beneficiaries of tenant’s smoke-free addendum agreements with landlord. (In layman’s terms, this means that tenant’s commitments in the Addendum are made to the other tenants as well as to landlord.) A tenant may sue another tenant for an injunction to prohibit smoking or for damages, but does not have the right to evict another tenant. Any suit between tenants herein shall not create a presumption that the landlord breached this Addendum.
A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease. A material breach of this Addendum shall be a material breach of the lease and grounds for immediate termination of the Lease by the landlord.
Tenant acknowledges that landlord’s adoption of a smoke-free living environment, and the efforts to designate the rental complex as smoke-free does not in any way change the standard of care that the landlord or managing agent would have to a tenant household to render buildings and premises designated as smoke-free any safer, more habitable, or improved in terms of air quality standards than any other rental premises. Landlord specifically disclaims any implied or express warranties that the building, common areas, or tenant’s premises will have any higher or improve air quality standards than any other rental property. Landlord cannot and does not warrant or promise that the rental premises or common areas will be free from secondhand smoke. Tenant acknowledges that landlord’s ability to police, monitor, or enforce the agreements of this Addendum is dependent in significant part on voluntary compliance by tenant and tenant’s guests. Tenants with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that landlord does not assume any higher duty of care to enforce this Addendum than any other landlord obligation under the lease.