No smoking anywhere, including balconies
Smoke-free buildings are increasingly common and legal. This protects other residents and reduces fire risk.
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What it actually means
Secondhand smoke travels through vents and walls. Landlords can prohibit smoking anywhere on the property.
This typically includes marijuana where legal — 'smoking' covers the method, not just tobacco.
What it looks like in a lease
"Smoking (including vaping and marijuana) is prohibited anywhere on the Premises, including balconies and patios."
What to watch for
- Whether cannabis is included
- Penalty for violation
How to negotiate it
If you smoke, this isn't the building for you. Violations can lead to eviction.
When it crosses into a red flag
- Monetary penalty plus eviction for first offense
Frequently asked questions
What about edibles?
Usually allowed — the prohibition is on smoking, not cannabis itself.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
