All forms and use of lighted or burning tobacco products and smoking of tobacco products inside the interior of any portion of the dwelling is strictly prohibited. Any violation of the no-smoking policy is a material and a substantial violation of this addendum and the Lease Contract. The prohibition on use of any lighted or burning tobacco products or smoking of any tobacco products extends to all residents, their occupants, guests, invitees and all others who are present on or in any portion of the dwelling. The no-smoking policy and rules extend to, but are not limited to, neighborhood club house, neighborhood exercise facility, neighborhood tennis courts, and all interior areas of the dwelling. Smoking of non-tobacco products which are harmful to the health, safety, and welfare of other residents is also prohibited by this addendum and other provisions of the Lease Contract inside the dwelling.
Smoking is only permitted outside the dwelling.
You are responsible for payment of all costs and damages to the dwelling, or any other portion of the neighborhood in which smoking is prohibited for repair, replacement, or cleaning due to smoking or smoke related damage caused by you or your occupants, family, guests, or invitees. Any costs or damages we incur related to repairs, replacement, and cleaning due to your smoking or due to your violation of the no-smoking provisions of the Lease Contract are in excess of normal wear and tear. Smoke related damage, including but not limited to, the smell of tobacco smoke which permeates sheetrock, carpeting, wood, insulation, or other components of the dwelling is in excess of normal wear and tear.
Smoking refers to any use or possession of a cigar, cigarette, or pipe containing tobacco or a tobacco product while that tobacco or product is burning, lighted, or ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke from such product. The term tobacco includes, but is not limited to, any form, compound, or synthesis of the plant of the genus Nicotiana or the species N. tabacum which is cultivated for its leaves to be used in cigarettes, cigars, or pipes. Smoking also refers to use or possession of burning, lighted, or ignited non-tobacco products, including cannabis, if they are noxious, offensive, unsafe, unhealthy, or irritating to other persons.
We have the right to terminate your Lease Contract or right of occupancy of the dwelling for any violation of the No-Smoking Policy. Violation of the no-smoking provisions is a material and substantial default or violation of the Lease Contract. Despite the termination of the Lease Contract or your occupancy, you will remain liable for rent through the end of the Lease Contract term or the date on which the dwelling is re-rented to a new occupant, whichever comes first. Therefore, you may be responsible for payment of rent after you vacate the leased premises even though you are no longer living in the dwelling.
Your responsibility for damages, cleaning, loss of rental income, and loss of other economic damages under the No-Smoking Policy are in addition to, and not in lieu of, your responsibility for any other damages or loss under the Lease Contract or any other addendum.
You are responsible for communicating this no-smoking policy and for ensuring compliance with this policy by your occupants, family, guests, and invitees.
Although we prohibit smoking in all interior parts of the dwelling, there is no warranty or guarantee of any kind that your dwelling is smoke free. Smoking in outside areas is allowed as provided above. If you or someone in your household is a smoker, you should carefully consider whether you will be able to abide by the terms of this policy.