A "No Smoking" clause prohibits individuals from smoking within certain designated areas or premises, aiming to maintain a smoke-free environment for health and safety reasons. This clause may apply to all forms of smoking, including cigarettes, cigars, and electronic vaping devices, and often outlines potential penalties for violations.
What is a “No Smoking” Clause?
A “No Smoking” clause is a provision included in a contract or lease that prohibits smoking in certain areas or on certain properties. The clause may cover tobacco, e-cigarettes, and other substances, and is typically aimed at promoting health, safety, and air quality. It can also help reduce fire hazards and property damage.
When Should I Use a “No Smoking” Clause?
You should use a “No Smoking” clause when you want to restrict smoking in specific environments. It’s commonly applied in leases for rental properties, office spaces, or public venues. Landlords often use this clause to protect their property from smoke-related damage, while employers might include it to maintain a healthy and clean work environment. It can also be used in event agreements or community rules to ensure shared spaces remain smoke-free.
How Do I Write a “No Smoking” Clause?
To write an effective “No Smoking” clause:
- State the prohibition clearly: Specify that smoking is not allowed and define what substances the ban covers (e.g., tobacco, e-cigarettes, cannabis).
- Define the scope: Mention whether the prohibition applies to the entire property, specific areas (like indoors or near entrances), or just designated smoke-free zones.
- Outline consequences: Clearly state the penalties or actions that will be taken if the clause is violated (e.g., fines, eviction for tenants, or cancellation of a contract).
- Compliance and signage: Mention any legal compliance, such as local smoking laws, and the requirement for visible “No Smoking” signs.
Sample “No Smoking” Clause
The Tenant/Employee/Contractor (hereinafter referred to as “Occupant”) agrees that smoking of any kind, including but not limited to cigarettes, cigars, pipes, e-cigarettes, and any other tobacco or vapor products, is strictly prohibited within the premises of [Property Name/Workplace Name/Event Location].
This prohibition applies to all indoor areas, including but not limited to hallways, offices, lobbies, restrooms, and any common areas, as well as within [insert distance] feet of any entrances, windows, or ventilation systems. Smoking may only occur in designated outdoor areas clearly marked as smoking zones, if any exist.
Violation of this clause will result in [insert penalties, e.g., a fine of $___, eviction, termination of employment, cancellation of contract], in accordance with local laws and this agreement.
The Occupant is responsible for ensuring compliance with this clause by any guests or visitors and agrees to take necessary steps to prevent violations.
Which Contracts Typically Contain a “No Smoking” Clause?
A “No Smoking” clause is typically found in:
- Residential leases and rental agreements
- Commercial leases for office spaces
- Employment contracts or workplace policies
- Event contracts for venues or festivals
- Homeowners’ association (HOA) agreements
- Community or public space usage agreements
These contracts use the clause to regulate smoking to protect health, maintain property conditions, and comply with local laws.