Smoke Clause

Published: | Updated: December 21, 2017

Definition - What does Smoke Clause mean?

A smoke clause is a provision in real estate lease or contract that entitles landlords to designate specific units or the entire building as smoke-free. It is no different than other prohibitions to protect the welfare of the tenants residing in the building. The smoke clause is established on the premise that smoking within the leased facility should be mitigated to protect the building and also the health of its residents.

Insuranceopedia explains Smoke Clause

The smoke clause is considered as an addition to the existing contract or lease. If a smoke clause is included within the contract, the landlord has the right to impose penalties for the non-compliance. The clause is accepted in the civil law that grants landlords the right and obligations to protect their properties and tenants by prohibiting damaging actions of smoking such as the increased maintenance, decorating costs, and costs related to the event of a fire damage.


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