To Interested Landlord: by 16996t

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									      Sample Smoke-Free Housing Language for Landlords

                                                     
                                               Smoke-Free Policy
                                           Sample Lease Provision
                                          Sample Lease Addendum
                                           Sample Letter to Tenants
                                    Smoking Policy Landlord Disclosure Form




             For additional smoke-free housing information and materials, please visit
              www.smokefreeforme.org or contact the Coalition at (207)874-8774 or
                                    info@smokefreeforme.org

The information and materials provided by the Smoke-Free Housing Coalition of Maine are for informational purposes only and are not offered or
     intended to be and should not be construed to be legal advice nor to be a substitute for obtaining legal advice from a licensed attorney.
                  SAMPLE SMOKE-FREE HOUSING POLICY

Include in the "Definitions" section:

SMOKING: The term "smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or
other tobacco product in any manner or in any form.

Include in the "Restrictions" section:

SMOKING: Due to the increased risk of fire and the known adverse health effects of secondhand smoke,
smoking is prohibited in any area of the property, both private and common, whether enclosed or outdoors. This
policy applies to all owners, tenants, guests, employees, and service persons.

DISCLOSURE:
The smoke-free housing policy for: (address) __________________________________ has been reviewed with
tenant, in compliance with Maine Public Law 2011, Chapter 199.

Landlord/Landlord Representative Printed Name: ______________________________
Signature: ______________________________________                        Date: ________________

TENANT ACKNOWLEDGEMENT:
I have read, understand and agree to comply with the above smoking policy.

Tenant Printed Name: ___________________________________
Tenant Signature: _______________________________________                       Date: _________________
                   SAMPLE LEASE PROVISION LANGUAGE


The following language can be used to implement a smoke-free policy in a multi-unit dwelling. In apartment
complexes, the provisions can be added to the lease or month-to-month agreement. For condominiums, the
language can be added to the Conditions, Covenants, and Restrictions (CC&Rs) and implemented immediately
or at a specified future date.

Included in the "Definitions" section of the lease or CC&Rs:

Smoking: “Smoking” shall include the inhaling, exhaling, burning, or carrying of any lighted cigarette, cigar or
other tobacco product, marijuana, or illegal substance.

Included in the restrictions section of the lease or CC&Rs:

Smoking: Due to the increased risk of fire, and the known health effects of secondhand smoke, smoking is
prohibited in any area of the property, both private and common, whether enclosed or outdoors. This policy
applies to all owners, tenants, guests, and servicepersons.

DISCLOSURE:
The smoke-free housing policy for: (address) __________________________________ has been reviewed with
tenant, in compliance with Maine Public Law 2011, Chapter 199.

Landlord/Landlord Representative Printed Name: ______________________________
Signature: ______________________________________                        Date: ________________

TENANT ACKNOWLEDGEMENT:
I have read, understand and agree to comply with the above smoking policy.

Tenant Printed Name: ___________________________________
Tenant Signature: _______________________________________                         Date: _________________
                      SAMPLE LEASE ADDENDUM
SMOKEFREE POLICY:

Due to the increased risk of fire, and the known health effects of secondhand tobacco
smoke, smoking is prohibited in any indoor area of the property, both private and
common. The policy applies to all owners, tenants, guests, and servicepersons. All
smoking materials must be disposed up appropriately, whether in the trash or can
provided.

Smoking: The term "Smoking" means inhaling, exhaling, burning, or carrying any lighted
cigar, cigarette or other tobacco product in any manner or in any form.

------------------------------------------------------------------------------------------------------------

Tenant acknowledgment:

I hereby acknowledge the above smoking policy as part of the lease or month-to-month
agreement. I agree that I will not smoke in the areas of the property listed below. In
addition, I will be responsible for enforcing this policy with all of my visitors, guests, and
relatives who visit the premises. If I fail to abide by this policy, I agree to move within 30
days.

Smoke-free areas: ______________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

________________________________________________________________________
NAME (please print) SIGNATURE

________________________________________________________________________
ADDRESS

________________________________________________________________________
CITY, STATE, ZIP CODE

________________________________________________________________________
PHONE NUMBER

Additional Names:

________________________________________________________________________
NAME (please print) SIGNATURE

________________________________________________________________________
NAME (please print) SIGNATURE
                                 SAMPLE LETTER TO TENANT



<Date>


Dear <Tenant>:

This letter is to inform you of a policy that is being implemented in regards to smoking on the property.


   1. As of (date of your choice*) this apartment complex will be smoke-free. This means that there will be
      no smoking in indoor common or private areas of the property. This policy includes tenants as well as
      guests, maintenance personnel and staff. **

   2. This policy was passed to protect the health of our residents, staff and guests. Secondhand smoke is a
      Class A carcinogen, which means it is a cancer causing agent and there is no safe exposure level.
      Secondhand smoke can travel through doorways, windows, wall joints, plumbing spaces and even light
      fixtures, so secondhand smoke from one unit can adversely affect the health of residents in other units.

   3. If you or family members are interested in more information, please visit the following web site which
      can explain the benefits of living in a smoke-free environment in greater detail:
      www.smokefreeforme.org. This website will also link you to a number of resources that can help if you
      are thinking about quitting smoking.

   Please feel free to contact (Name of landlord or complex manager, phone number) if you have any
   questions. We will be happy to assist you in any way possible in making this a smooth transition.


   Sincerely,

   <Landlord>




   *Some landlords choose to put the policy in place at the time of annual signing of new leases, others pick a date and give the
   tenants notice and some create a grandfather clause for existing tenants. A minimum of 30 (thirty) days written notice to tenants
   is requires before policy change can take effect. Please refer to the notification requirements in your existing lease before any
   changes are made.
   **Your specific policy may vary-cite your policy details here.
                SAMPLE SMOKING POLICY DISCLOSURE FORM

The Maine Smoking Policy Awareness Law (Public Law 2011, chapter 199) requires that landlords disclose the
“…policy regarding smoking on the premises…”

“Smoking” is defined as carrying or having in one’s possession a lighted cigarette, cigar, pipe or other object
giving off tobacco smoke.

This form provides written disclosure of the smoking policy at (address):
________________________________________________________________________________________

The smoking policy for this property is:
 Smoking is not allowed on the entire premises
 Smoking is not allowed in:
       Inside all units
       Inside all common areas, such as hallways or laundry rooms1
       Outside within ___ feet of the building
       Outside on porches, patios, and yards adjacent to the units
       Other: _________________________________________________________________________
 Smoking is allowed in designated outdoor smoking area, located: ________________________________
Smoking is permitted on the entire premises, excluding indoor common areas2

Acknowledgements:
I have read and understanding the smoking policy described above and agree to comply with the smoking
policy at (address): _______________________________________________________________________

Tenant Printed Name: ________________________________________
Tenant Signature: ___________________________________________ Date: _________________

Landlord/Owner’s Representative Printed Name: ________________________________________
Signature: _________________________________________________ Date: _________________




1
    Maine law prohibits smoking in indoor common areas, such as hallways, laundry rooms and recreation rooms
2
    Maine law prohibits smoking in indoor common areas, such as hallways, laundry rooms and recreation rooms

								
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