Apartment #:

Smoke-Free Addendum to Lease Agreement

Management has become increasingly aware of the ill effects caused by secondhand smoke. These ill effects include, but are not limited to (1) additional costs for maintenance such as cleaning, painting, curtain and carpet replacement and grounds keeping; (2) safety concerns resulting from smokers disconnecting the smoke alarms in their units; and (3) health concerns raised by other tenants who experience secondhand smoke filtering into adjoining apartments, with resulting increased potential for lung related illnesses and disorders.

Moreover, the Environmental Protection Agency has classified secondhand tobacco smoke as a Class A carcinogen and the U.S. Surgeon General has identified secondhand tobacco smoke as the third leading cause of preventable death.

In response to these concerns and in order to provide a safe living environment for all Residents, Resident and Management agree as follows:

1. 1. The term "smoking" means inhaling, exhaling, breathing or carrying any lighted cigar, cigarette, or other tobacco product or similar lighted or electronic product in any manner or in any form.
2. 2. Resident agrees and acknowledges that the premises to be occupied by Resident and members of Resident's household have been designated as a smoke-free living environment. Resident and members of Resident's household shall not smoke anywhere in the unit leased by Resident, or in the building where Resident's unit is located, or in certain common areas utilized by Residents and staff.
3. 3. Residents are responsible for notifying their guests and invitees that Management has designed the property as a smoke-free property and that smoking is prohibited except as set forth below. Residents are responsible for ensuring that their guests and any and all visitors under their control fully comply with this policy.
4. 4.

   Non-Smoking areas within the property include the following areas:

   • Select residential units
   • The balconies and patios associated with residential units that are located in buildings designated smoke-free
   • All playgrounds and common area bench or recreation areas, whether or not children are present.
   • All designated sports areas at the property, including but not limited to tennis courts, volleyball courts, basketball courts, swimming pool, Jacuzzi, spa and other common sports and recreational areas.
   • Areas used as common areas by all residents including the community center, any workout rooms, computer rooms and business center, conference rooms, laundry rooms, mail room, offices and other similar facilities and any connecting hallways between any of these spaces or any dwelling unit.
   • All bus stop waiting areas within the property.
5. 5.

   Smoking areas within the property include:

   • Balconies and patios of residential units located in buildings that have not been designated smoke-free.
   • Parking lots
   • Open areas that are located at least twenty (20) feet away from designated non-smoking areas.
6. 6. Resident agrees to promptly provide Management with a written statement of any incident where tobacco smoke is migrating into Resident's unit from sources outside Resident's unit.
7. 7. Management shall post No Smoking signs at entrances and exits, common areas, hallways and in conspicuous places adjoining the grounds of the property.
8. 8. Management agrees that it shall take reasonable steps to enforce this Smoke-Free Addendum and to make the property smoke-free. Management is not required to take steps in response to smoking unless Management knows of a violation of this Smoke-Free Addendum or has been provided with written notice of any violation of this Addendum.

1. 9. A breach of this Addendum shall give each party all the rights contained herein, as well as the rights under the Lease. A material breach of this Addendum shall be a material breach of the lease and grounds for termination of tenancy.
2. 10. Resident acknowledges that Management's adoption of a Smoke-Free living environment and its efforts to designate the property as Smoke-Free do not make Management, Owner or any agent of Management or Owner a guarantor of Resident's health or of the smoke-free condition of Resident's unit or the common areas. Resident acknowledges that Management's adoption of a smoke-free living environment and its efforts to designate the property as smoke-free do not in any way change the standard of care that Owner, Management or any agent of Owner or Management would have to Resident's household to render buildings and premises designated as smoke-free any safer, more habitable, or improved in terms of air quality standards than any other rental premises. Owner and Management specifically disclaim any implied or express warranties that the building, common areas or Resident's premises will have any higher or improved air quality standards than any other rental property. Management and Owner cannot and does not warranty or promise that the rental premises or common areas will be free from second hand smoke.
3. 11. Resident acknowledges that Management's ability to police, monitor, or enforce the agreements of this Addendum is dependent in significant part on voluntary compliance by Resident and Resident's guests and invitees. Residents with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that Management and Owner do not assume any higher duty of care to enforce this Addendum than any other obligation imposed on them under the Lease.

By signing below, all parties agree to be bound by this Addendum.