Going Smoke-Free

Making your properties smoke-free is simple. Use these four easy steps:

Getting as many tenants as possible to understand why you are implementing a no-smoking rule will help with compliance. 

Let tenants know that you are concerned about smoking in the building. Share with them the many benefits of going smoke-free. It will create a healthier and safer home for them by eliminating exposure to secondhand smoke and reducing the risk of fire. Be sure to walk them through the process you plan to use to take the building smoke-free.

• Use the sample letter in the Resources section to inform tenants of your new policy.
• Hold a meeting.
• Put up signs.

The tough part is talking with the tenant who smokes. Share your concerns with him. Make sure the tenant knows he is welcome to stay as long as he does not smoke at the apartment complex or smokes only in a designated smoking area, if one is designated. Data shows that even many smokers want to live in smoke-free buildings for the health and safety of their family.

If your tenants indicate that they want to quit smoking, let them know that the Massachusetts Department of Public Health provides quit-smoking services to all Massachusetts residents. For more information visit www.trytostop.org.

2. Make sure all common areas are smoke-free.

Most landlords already require that all common areas be smoke-free, and the Massachusetts Smoke-Free Workplace Law requires that the common areas of any building that has employees, such as superintendents or maintenance personnel, be smoke-free as well.  Even cleaning crews that come once or twice a month can be considered employees under the law. If your building has employees and is not smoke-free, you, as the landlord, could be held financially liable for violations. For more information on the Massachusetts Smoke-Free Workplace Law, visit www.mass.gov/dph/mtcp. 

If your indoor common areas are not yet smoke-free, either voluntarily or under the Workplace Law, this is a good place to start. For the hallways, stairways and other common areas, you can implement a no-smoking rule immediately. Individual leases do not need to be changed. Give tenants notice before the rule change goes into effect. The notice should describe where smoking will be prohibited and should state that the rule change will become effective immediately. 

Even if your indoor common areas are smoke-free, you may want to consider prohibiting smoking in outdoor common areas such as patios, fire escapes, and around doorways. Secondhand smoke often drifts from these locations back into the building.

If you choose to, you can designate a single smoking area away from the building. Not only does this solve the problem of migrating smoke, but it can also reduce the number of cigarette butts that litter the property.

To prohibit smoking inside apartments, when current tenants renew their lease, have them sign the model No-Smoking Lease Addendum, which is available in the Resources section. Have new tenants sign the Addendum along with the lease.    

If you do not want to wait until leases are renewed, you do have another option. Although tenants might find it disruptive, you may have the legal right to implement the rule change sooner then the lease renewal dates.

Many residential leases allow for changes to the rules and regulations for apartments if they “are reasonably related to the safety, care, cleanliness, or orderly conduct of the leased premises and the building … and for the benefit, safety, comfort and convenience of all the occupants of said building.” Check your leases.

4. Promote your building as smoke-free.

Take advantage of the high demand for smoke-free apartment buildings and promote your properties’ status. Remember that smoking rates have dropped over the past decade and that Massachusetts has one of the lowest smoking rates in the country. Potential tenants will appreciate your attention to this important issue. Many landlords already advertise their smoke-free status as an additional amenity!

The information and materials contained on this website 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.