Smoke-Free Policy

Purpose of No-Smoking Policy. The parties desire to mitigate (i) the irritation and known health effects of smoking, including secondhand smoke; (ii) the increased maintenance, cleaning and redecorating costs from smoking; (iii) the increased risk of fire from smoking; and (iv), the higher costs of fire insurance for a non-smoke-free building.

 Policy Terms:

This is a Smoke-Free Complex. The premises to be occupied by Resident(s) and members of Residents’ households have been designated as a smoke-free living environment. Resident and members of Resident’s household shall not smoke anywhere in the unit rented by Resident, including any associated balconies, decks, or patios, any part of the building where the Resident’s dwelling is located, or in any of the common areas or adjoining grounds of such building or other parts of the rental community, including but not limited to the walkways, parking lots, within cars on the property, lawn area, areas near any exterior windows, community room(s), and laundry room(s), community bathrooms, lobbies, reception areas, hallways, stairways, offices, and elevators, nor shall Resident permit any guests or visitors under the control of Resident to do so.

Designated Smoking Areas.  Since the entire property is now considered smoke‐free, the only place(s) to smoke will be designated. These designated areas will not be within 25 feet of any air intake into a building, or any playground structure.

Resident to Promote No-Smoking Policy and to Alert Landlord of Violations. Resident shall inform the Resident’s guests of the no-smoking policy. Further, the Resident shall promptly give the Landlord a written statement of any incident where smoke is migrating into the Resident’s unit from sources outside of the Resident’s apartment unit.

Landlord to Promote No-Smoking Policy. Landlord shall post no-smoking signs at entrances and exits, common areas, hallways, and in conspicuous places adjoining the grounds of the apartment complex. The Landlord will use these signs to inform vendors and employees of policy.

Landlord Not a Guarantor of Smoke-Free Environment. Resident acknowledges that Landlord’s adoption of a smoke-free living environment, and the efforts to designate the rental complex as smoke-free, do not make the Landlord or any of its managing agents the guarantor of Resident’s health or of the smoke-free condition of the Resident’s unit and any common areas. However, Landlord shall take reasonable steps to enforce the smoke-free terms of its leases and to make the complex smoke-free. The Landlord is not required to take steps in response to smoking unless Landlord knows of said smoking or has been given written notice of said smoking.

Other Residents are Third-Party Beneficiaries of Resident’s Agreement. Resident agrees that the other Residents at the complex are the third-party beneficiaries of Resident’s smoke-free policy agreements with the Landlord. (In layman’s terms, this means that Resident’s commitments in this Policy are made to the other Residents as well as to Landlord.) A Resident may sue another Resident for an injunction to prohibit smoking or for damages, but does not have the right to evict another Resident. Any suit between Residents herein shall not create a presumption that the Landlord breached this policy.

Disclaimer by Landlord. Resident acknowledges that Landlord’s adoption of a smoke-free living environment and the efforts to designate the rental complex as smoke-free do not in any way change the standard of care that the Landlord or managing agent 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 or improved air quality standards than any other rental property. The Landlord cannot and does not warranty or promise that the rental premises or common areas will be free from secondhand smoke. Resident acknowledges that Landlord’s ability to police, monitor, or enforce the agreements of this Policy 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 Policy than any other landlord obligation under the Lease.

Definitions: “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form.

“Electronic Smoking Device” means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.

 Enforcement: Effect of Breach and Right to Terminate Lease. A breach of this policy shall give each party all the rights contained herein, as well as the rights in the Lease. A material breach of this policy shall be a material breach of the lease and grounds for immediate termination of the Lease by the Landlord.

 Modifications:

AHA reserves the right to modify this policy as business needs change.  Residents will be notified of any modifications upon intake or recertification.