Can I make my apartment building smoke-free, and what goes in the lease?

What HUD requires, and what it does not

HUD's smoke-free rule, finalized in December 2016, requires public housing agencies to adopt a policy prohibiting cigarettes, cigars, pipes and waterpipes in living units, indoor common areas and outdoor areas within 25 feet of buildings, and to put it in leases (NLIHC summary, read 2026-10-31). It covers agencies. The summary describes HUD's guidance for assisted multifamily housing as encouraging voluntary policies, not requiring them.

For a private building, nothing in the rule forces or forbids you. You decide what your building does, within your state and local law.

Decide what the policy covers

• Which products: cigarettes only, or also cigars, pipes, hookahs, vapes and cannabis. See cannabis smoking in rentals.
• Where: units, balconies and patios, hallways and stairs, laundry rooms, outdoor areas and a distance from entrances.
• Whether any outdoor spot is allowed, and where.
• What happens on a violation: warning, a cure period, a charge for cleaning with an itemized bill, or a lease notice.

Be specific, because vague policies are hard to enforce. A written definition ends arguments about whether a vape or a hookah counts.

Roll it out

1. Choose an effective date, usually tied to each lease's renewal so no one is changed mid-term.
2. Write a one-page addendum that states the covered products and places and the consequences.
3. Send it to every household at once, with the date and the reason, in writing.
4. Add it to leases for every new tenant from now on.
5. Post the rule at the entrance and in the laundry room.
6. Keep each signed copy with the tenant's file.

Changing a lease term mid-lease generally needs the tenant's agreement or a lease end, depending on your state. Wait for renewal if you are unsure.

Enforce it fairly

Apply the policy to every unit the same way. Write down each complaint with the date and what the person observed, give the same warning and cure period to everyone, and keep photos and notes. Do not guess who is smoking from who lives where. A tenant who has a disability-related reason to ask for a change should be handled under fair housing rules, so look at your state's guidance before refusing.

Remember that a smoke-free policy does not guarantee a smoke-free building. Do not promise it in a listing. Say what the rule is. Move-out odor claims should rest on your inspection records; see cigarette smoke odor and the deposit.

What to say in the notice

Keep the notice short and kind. Say the date, what is covered, where it applies and why: fire risk, odor and upkeep costs are common reasons. Say what you will do when you receive a complaint. Offer one outdoor spot if you can, because it reduces conflict.

Tenants who already smoke may ask for time. Give the same grace period to all of them, and put it in the notice. Document what you do, not who you think is the cause, and treat each complaint with the same steps.

How DoorKeeping handles it

DoorKeeping emails the addendum to every tenant in the building at once, keeps the signed copies with each lease as documents, and stores complaint notes on the property. Standard leases are e-signed. It costs $2 per unit per month with every feature included and gives no legal advice.

Sources

1. National Low Income Housing Coalition: HUD issues final smoke-free public housing rule, read Oct 31, 2026

Questions

Is it legal for a landlord to ban smoking?

In most places a private landlord can restrict smoking through the lease. Check your state and city rules and any local smoke-free housing law.

Do I have to follow HUD's smoke-free rule?

The rule covers public housing agencies. If you take assisted tenants under another program, read that program's requirements.

Can I add a smoking ban when a lease renews?

Renewal is the usual time, because the tenant signs a new term that includes it. Mid-term changes may need the tenant's agreement.