Smoke-Free Rentals: Smoking Policy Disclosure Rules by State
Can a landlord ban smoking, and what must the lease say? California, Oregon and Maine disclosure rules, and HUD’s smoke-free public housing rule.
By Seayora Editorial Team · Published · Facts checked · 4 min read
Short answer: A private landlord can generally make a building smoke-free, but several states require the lease to say so. California lets landlords ban smoking and requires leases signed since 2012 to name the smoke-free areas, Oregon requires every rental agreement to state the smoking policy, and Maine requires a written policy the tenant acknowledges before signing or paying a deposit. Public housing has been smoke-free by federal rule since July 30, 2018, including within 25 feet of buildings.
Key takeaways
- California: a landlord may prohibit smoking; a lease signed since January 1, 2012 must name the areas where it is prohibited (Civ. Code § 1947.5).
- California: adding a ban to an existing tenancy is a change in terms that needs written notice.
- Oregon: every rental agreement must state whether smoking is prohibited, allowed everywhere or allowed in named areas (ORS 90.220, 479.305).
- Maine: a written smoking policy, acknowledged in writing before the tenant signs or pays a deposit (14 M.R.S. § 6030-E).
- Public housing: no cigarettes, cigars, pipes or hookahs in units, indoor areas or within 25 feet of buildings (24 CFR 965.653).
Can a landlord make a rental smoke-free?
Generally yes, and California’s statute says so outright. What the states regulate is notice. A policy has to be in the lease or given in writing before the tenant commits, and a ban added in the middle of a tenancy is a change in terms that follows the ordinary rules for changing a lease.
| Where | Rule | Source |
|---|---|---|
| California | Landlord may ban smoking; leases since 2012 must specify the smoke-free areas; a new ban on an existing tenancy needs written notice of the change | Civ. Code § 1947.5 |
| Oregon | Every rental agreement discloses whether smoking is prohibited, allowed everywhere, or allowed in identified areas | ORS 90.220(4), 479.305 |
| Maine | Written smoking policy disclosure, acknowledged by the tenant before signing or paying a deposit | 14 M.R.S. § 6030-E |
| Public housing (federal) | No cigarettes, cigars, pipes or hookahs in units, interior areas or within 25 feet of buildings | 24 CFR 965.653 |
What does California require?
A landlord “may prohibit the smoking of a cigarette … or other tobacco product on the property or in any building or portion of the building, including any dwelling unit.” Every lease entered into on or after January 1, 2012, for a unit on property where smoking is prohibited anywhere “shall include a provision that specifies the areas on the property where smoking is prohibited,” if the tenant has not previously lived in the unit. For a lease from before 2012, a new prohibition “shall constitute a change of the terms of tenancy, requiring adequate notice in writing,” and local ordinances that restrict smoking are not preempted (Cal. Civ. Code § 1947.5).
What do Oregon and Maine require?
In Oregon, a rental agreement “must include a disclosure of the smoking policy for the premises” (ORS 90.220), and the disclosure “must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises,” identifying those areas if smoking is limited (ORS 479.305). Manufactured dwelling park space rentals are excluded.
In Maine, a landlord must give written notice stating whether smoking is prohibited, allowed everywhere or allowed in limited areas (and which), either in the written lease or in a separate notice for a tenancy at will, and “before a tenant or potential tenant enters into a contract or pays a deposit … shall obtain a written acknowledgment of the notification.” A tenant may not sue solely because the disclosure was not given (14 M.R.S. § 6030-E).
What is the federal rule for public housing?
Public housing agencies must “design and implement a policy prohibiting the use of prohibited tobacco products in all public housing living units and interior areas … as well as in outdoor areas within 25 feet from public housing and administrative office buildings.” Prohibited products are those that burn tobacco leaves, such as cigarettes, cigars and pipes, and waterpipes (hookahs). Agencies may set designated smoking areas outside the restricted zone or make the whole grounds smoke-free, and had to be in full compliance by July 30, 2018. The rule covers public housing, not Housing Choice Voucher (Section 8) rentals (24 CFR Part 965, Subpart G).
How should a landlord write a smoking policy?
- Say plainly whether smoking is prohibited everywhere, allowed everywhere, or allowed only in named areas.
- Say what counts as smoking (tobacco, cannabis, vaping) and whether balconies, patios and common areas are included.
- Put the policy in the lease or an addendum and get the tenant’s signature on it.
- To add a ban for current tenants, give written notice of the change in terms, or wait for renewal.
Frequently asked questions
Can a landlord ban smoking in an apartment?
Generally yes. California’s statute expressly allows it, and Oregon and Maine require the policy to be disclosed. A ban added during a tenancy is a change in terms that needs proper notice.
Does a lease have to say whether smoking is allowed?
In Oregon, every rental agreement must. In Maine the landlord must give a written policy the tenant acknowledges, and in California a lease must name the areas where smoking is banned.
Is smoking allowed in public housing?
Not in units, indoor common areas or within 25 feet of public housing buildings. Agencies may set designated smoking areas farther away.
Sources
- California Civil Code § 1947.5, California Legislative Information
- ORS Chapter 90 (§ 90.220, Terms and conditions of rental agreement), Oregon State Legislature
- ORS Chapter 479 (§ 479.305, Smoking policy disclosure), Oregon State Legislature
- 14 M.R.S. § 6030-E, Smoking policy, Maine Legislature
- 24 CFR Part 965, Subpart G, Smoke-Free Public Housing, eCFR
How Seayora helps
Digital lease signing: Add a smoking policy addendum to the lease so the tenant’s signature on it is part of the executed lease.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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