SMOKE-FREE LEASE RIDER
Rider attached to and forming part of Lease dated on the_________________________________, between
RELATED MANAGEMENT COMPANY L.P., as Agent for ________________________ with offices
at:HVWWK6WUHHW1HZ<RUN1HZ<RUN (“Landlord”), and ______________________________________,
(“Tenant”) for apartment number _____ in the building known as ________________________, located at
________________________________________________________(the “Apartment”).
1.
Purpose of No-Smoking Policy. The parties desire to mitigate (i) the irritation and known health effects
of secondhand smoke; (ii) the increased maintenance, cleaning, and redecorating costs from smoking;
and (iii) the increased risk of fire from smoking.
2.
Definition of Smoking. The term “smoking” means inhaling, exhaling, breathing, or carrying any
lighted cigar, cigarette, or other tobacco product or similar lighted product in any manner or in any form.
3.
Smoke-Free Building. Tenant agrees and acknowledges that the Apartment to be occupied by Tenant
and members of Tenant’s household have been designated as a smoke-free living environment. Tenant
and members of Tenant’s household shall not smoke anywhere in the Apartment rented by Tenant, or in
the building in which the Apartment is a part, or in any of the common areas or adjoining grounds of
such building, nor shall Tenant permit any guests or visitors under the control of Tenant to do so.
4.
Tenant to Promote No-Smoking Policy and to Alert Landlord of Violations. Tenant shall inform
Tenant’s guests of the no-smoking policy. Further, Tenant shall promptly give Landlord a written
statement of any incident where tobacco smoke is migrating into Tenant’s unit from outside of the
Apartment.
5.
Landlord Not a Guarantor of Smoke-Free Environment. Tenant acknowledges that Landlord’s adoption
of a smoke-free living environment, and the efforts to convert the building over time to smoke-free do
not make the Landlord or any of its managing agents the guarantor of Tenant’s health or of the smokefree condition of the Apartment and the building. However, Landlord shall take reasonable steps to
enforce the smoke-free terms of its leases. Landlord is not required to take steps in response to smoking
unless Landlord is put on actual notice of the presence of tobacco smoke, via agent, personal knowledge,
and/or written notice by a Tenant.
6.
Effect of Breach and Right to Terminate Lease. Tenant acknowledges and understands that smoking in
the Apartment and/or in other areas of the building may constitute a nuisance and health hazard and be a
material infringement on the quiet enjoyment of the other tenants in the building. For the foregoing
reasons, Tenant acknowledges and agrees that not smoking in the Apartment and in other areas of the
building is OF THE ESSENCE to this Lease, and Tenant covenants and agrees to take all measures
necessary, at its own cost and expense, to minimize all such objectionable conduct, including but not
limited to restraining members of Tenant’s household and Tenant’s guests and visitors from smoking in
the Apartment, or in the building in which the Apartment is a part, or in any of the common areas or
adjoining grounds of such building . Tenant agrees that any breach of this covenant and agreement shall
be a material breach of this Lease; that irreparable damage to Landlord might result if this covenant and
agreement are not specifically enforced; and therefore that in addition to all other rights and remedies of
Landlord as provided herein such covenant and agreement shall be enforceable in a court of competent
jurisdiction by a decree of specific performance and by appropriate injunctive relief, all in accordance
with applicable law. In addition, Tenant agrees to indemnify and hold Landlord harmless from and
against any and all loss or damage which Landlord may incur as a result of the breach by Tenant of any
of the foregoing restrictions, including, without limitation, any withholding of rent by tenants of the
building, and reasonable attorneys’ fees and disbursements incurred by Landlord in connection with any
litigation or negotiations with Tenant or any other tenants of the building with respect to the foregoing.
The failure by Landlord to respond to a complaint filed by a tenant regarding smoke shall not be
construed as a breach of the warranty of habitability, or the covenant of quiet enjoyment, nor shall it be
deemed to be a constructive eviction of the Tenant.
7.
Disclaimer by Landlord. Tenant acknowledges that Landlord’s adoption of a smoke-free initiative, and
the efforts to convert the building over time to smoke-free does not in any way change the standard of
care that the Landlord or managing agent would have to Tenant or to the Tenant’s household to render
the building and the subject 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 the Apartment will have any higher or
improved air quality standards than any other rental property. Landlord cannot and does not warranty or
promise that the Apartment or common areas will be free from secondhand smoke. Tenant
acknowledges that Landlord’s ability to police, monitor, or enforce the agreements in this Rider is
dependent in significant part on voluntary compliance by Tenant and Tenant’s guests. Tenants 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 Rider than any other
landlord obligation under the Lease.
9.
Effect on Current Tenants. Tenant acknowledges that current tenants residing in the building under an
existing lease will not be immediately subject to this smoke free lease rider. As current tenants move
out, or enter into new leases, the smoke-free lease rider will become effective for their unit or new lease
as permitted by law.
________________________
TENANT
DATE
RELATED MANAGEMENT COMPANY, L.P.
BY:
_______________________
TENANT
DATE
___________________________________
AGENT
DATE