Smoke Clause
What Does Smoke Clause Mean?
A smoke clause is a provision in a real estate lease or contract that allows landlords to designate specific units or the entire building as smoke-free. It is comparable to other restrictions aimed at safeguarding the well-being of tenants in the building. The smoke clause is based on the principle that smoking within the leased property should be restricted to protect both the building and the health of its residents. Smoke clauses appear most often in residential leases, though they also turn up in commercial ones covered under commercial landlord insurance.
Insuranceopedia Explains Smoke Clause
The smoke clause is regarded as an addendum to the existing contract or lease. If included in the agreement, it grants the landlord the right to impose penalties for non-compliance. This clause is recognized under civil law, which empowers landlords to protect their properties and tenants by prohibiting harmful actions associated with smoking, such as increased maintenance and decoration expenses, as well as costs arising from potential fire damage. Because homeowners insurance typically covers fire damage, landlords who discover smoking in a no-smoke unit may also need to coordinate with their insurer when filing a claim. Tenants who sign a lease with this clause should also review their own renters insurance policy, since personal property claims involving smoke or fire can be affected by a lease violation.
