Smoke-Free Area Addendum

SMOKE-FREE AREA ADDENDUM

Resident and all members of Resident’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.

Purpose of the No-Smoking Policy: The parties desire to mitigate (1) the irritation and known health effects of secondhand smoke (2) the increased maintenance, cleaning, and redecorating costs from smoking; (3) the increased risk of fire from smoking; and (4) the high costs of fire insurance for properties where smoking is permitted.

Definition of Smoking: The term “smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette or other tobacco product or similarly lighted product in any manner or in any form.

Smoke-Free Community: Resident is hereby informed that his apartment is located in a building that is transitioning to a smoke-free building. Resident agrees and acknowledges that the premises to be occupied by Resident and members of Resident’s household have been designated as a smoke-free living environment. Resident and members of Resident’s household shall not smoke anywhere in the apartment rented by Resident, or on the balcony or patio area, whether enclosed or outdoors, or in the building where the Resident’s apartment is located.

Smoke-Free Areas: Resident agrees and acknowledges that the following common areas of the property have been designated as smoke-free living:

 All recreation areas, including, but not limited to, the swimming pool(s) and spa, fitness center, playground area, recreation room and/or clubhouse facilities  BBQ area(s)  Laundry facilities on the property  Mailbox area(s)  Dumpster area(s)  Within twenty-five (25) feet of the entry to the community

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.

Designated Smoking Areas: The following area(s) of the community are designated for smoking: 

Owner/Agent Not Guarantor Of Smoke-Free Environment: Resident acknowledges that Owner/Agent’s adoption of Smoke-Free areas does not make the Landlord or any of its managing agents the guarantor of the Resident’s health or of the smoke-free condition of the Resident’s apartment and the common areas listed above. Resident is aware that the community is still in transition to a smoke-free environment; however Landlord shall take reasonable steps to enforce the smoke-free terms of the leases and make the community smoke-free.

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

Effect on Current Tenants: Resident acknowledges that current Residents of the rental community under a prior Lease/Rental Agreement will not be immediately subject to the terms of this Addendum. As Residents move out, or enter into new Leases/Rental Agreements, this Addendum may become effective for their apartment at a future date.

Disclaimer by Landlord: Resident acknowledges that Landlord’s adoption of a smoke-free living environment, and the efforts to designate the rental community as smoke-free does not, in any way, change the standard of care that the Landlord would have to a Resident 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 Resident’s premises will have any higher

SFA 1-0 REV 03/2014 Initial ______1 001-01 (7/12) or improved air quality standards than any other rental property. Landlord cannot and does not warranty 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 Resident and Resident’s guests. Residents 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.

This Addendum is incorporated into and is a part of the Rental Agreement/Lease between the parties.

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

Resident Signature Date Resident Signature Date

Owner or Landlord Date as Authorized Agent

SFA 1-0 REV 03/2014 Initial ______2 001-01 (7/12)