Smoking Addendum Form PDF Details

In today’s evolving rental landscape, the emphasis on creating a healthy living environment has become a paramount concern for both property owners and residents alike. The Smoking Addendum form serves as a critical tool in this endeavor, bridging the gap between the desire for a smoke-free environment and the legal framework needed to enforce such a policy. This document, which is integrated into the rental or lease agreement, outlines a mutual agreement between the owner or agent of a property and the resident(s) to restrict smoking in specified areas in order to protect residents from the harmful effects of secondhand smoke, reduce the risk of fire, and mitigate against the higher maintenance costs associated with smoking on the premises. It distinctly outlines areas where smoking is prohibited, emphasizes the resident's role in promoting the no-smoking policy among guests, and clarifies the owner or agent's commitment to enforcing these rules. However, it also acknowledges the limitations in guaranteeing a completely smoke-free environment. Furthermore, it lays the groundwork for addressing breaches of this addendum, establishes the rights of other residents as third-party beneficiaries, and specifies the implications of such breaches on the tenancy agreement. Through this comprehensive approach, the Smoking Addendum not only seeks to foster a healthier living space but also delineates the responsibilities and expectations for all parties involved, striking a balance between communal health benefits and individual rights.

QuestionAnswer
Form NameSmoking Addendum Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namessmoking acknowledges from printable, addendum areas fillable, smoking agreement, addendum areas pdf

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NON-SMOKING AREAS ADDENDUM

Page

of Agreement

This document is an Addendum and is part of the Rental/Lease Agreement, dated

 

 

 

between

 

 

 

 

 

 

(Date)

 

 

 

 

 

 

 

(Owner/Agent) and

 

(Name of Owner/Agent)

 

 

 

 

 

 

 

 

 

 

 

 

(Resident) for the

 

(List all Residents as listed on the Rental/Lease Agreement)

 

 

 

 

 

premises located at

 

 

 

, Unit # (if applicable)

 

(Street Address)

 

 

 

 

 

 

 

, CA

 

 

 

 

.

 

 

(City)

(Zip)

 

 

 

1.Purpose: 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 high costs of fire insurance for properties where smoking is permitted.

2.Non-Smoking Areas: Resident agrees and acknowledges that each of the following areas of the property has been designated as a non-smoking environment and Resident and members of Resident’s household shall not smoke tobacco products in these areas, nor shall Resident permit any guest or visitor under the control of Resident to do so.

Check one:

Smoking of tobacco products is prohibited on the entire property, including individual units, common areas, every building and adjoining grounds.

Smoking of tobacco products is prohibited on the entire property except the following areas:

3.Promotion of No-Smoking Policy: Resident shall inform his or her guest of Non-Smoking Areas. Resident shall promptly notify Owner/Agent in writing of any incident where tobacco smoke is migrating into Resident’s unit from sources outside of Resident’s Unit.

4.Owner/Agent Not Guarantor of Smoke-Free Environment: Resident acknowledges that Owner/Agent’s adoption of Non- Smoking Areas, does not make the Owner/Agent the guarantor of the Resident’s health or of the smoke-free condition of the areas listed in Section 2 above. However, Owner/Agent shall take reasonable steps to enforce this addendum. Owner/ Agent shall not be required to take steps in response to smoking unless Owner/Agent has actual knowledge or has been provided written notice.

5.Other Residents Are Third Party Beneficiaries of this Addendum: Owner/Agent and Resident agree that the other residents of the property are the third party beneficiaries of this Addendum. A resident may sue another resident to enforce this Addendum but does not have the right to evict another resident. Any lawsuit between residents regarding this Addendum shall not create a presumption that the Owner/Agent has breached this Addendum.

6.Effect of Breach: A breach of this Addendum by the Resident shall be deemed a material breach of the Rental/Lease Agreement and grounds for immediate termination of the Rental/Lease Agreement by the Owner/Agent.

California Apartment Association Approved Form

www.caanet.org

Form 34.0 – Revised 1/11 - ©2011 – All Rights Reserved

Page 1 of 2

7.Disclaimer: Resident acknowledges that this Addendum and Owner/Agent’s efforts to designate Non-Smoking Areas do not in any way change the standard of care that the Owner/Agent would have to any Resident household to render buildings and premises designated as non-smoking any safer, more habitable, or improved in terms of air quality than any other rental premises. Owner/Agent specifically disclaims any implied or express warranties that the building common areas or Resident'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 any other portion of the property including common areas will be free from secondhand smoke. Resident acknowledges that Owner/Agent’s ability to police, monitor or enforce this Addendum is dependent in significant part on voluntary compliance by Resident and Resident’s guests.

8.Effect on Current Tenants: Resident acknowledges that current residents of the rental community under a prior Rental/Lease Agreement will not be immediately subject to the terms of this Addendum. As residents move out, or enter into new Rental/Lease Agreements, this Addendum will become effective for their unit or new agreement.

The undersigned Resident(s) acknowledge(s) having read and understood the foregoing.

Date

Resident

Date

Resident

 

 

 

 

 

 

 

Date

Resident

Date

Resident

 

 

 

 

 

 

 

Date

 

Owner/Agent

 

 

 

 

California Apartment Association Approved Form

www.caanet.org

Form 34.0 – Revised 1/11 - ©2011 – All Rights Reserved

Page 2 of 2

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addendum areas fillable conclusion process described (stage 1)

2. Given that the previous part is completed, you need to insert the essential specifics in Check one Smoking of tobacco, and adjoining grounds, Smoking of tobacco products is, OwnerAgent Not Guarantor of, Smoking Areas does not make the, Other Residents Are Third Party, residents of the property are the, Effect of Breach A breach of this, and Agreement and grounds for allowing you to go further.

addendum areas fillable conclusion process clarified (stage 2)

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Resident, Resident, and The undersigned Residents inside addendum areas fillable

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