Can a landlord ban smoking or marijuana in a rental?

Yes. A landlord can ban tobacco and marijuana smoking in a rental with a clear no-smoking clause in the residential lease, and the recreational cannabis laws in California, Michigan, and New York all preserve that right. The limits involve existing tenants, non-smoked cannabis in Michigan, and certified medical use in New York.

Can a lease ban tobacco smoking?

Generally, yes. Smoking is not one of the protected characteristics listed in the federal Fair Housing Act, so a landlord can make a smoke-free building or unit a condition of renting. The ban works like any other lease rule, so it has to be written down and applied to every tenant the same way.

California puts the right in statute. Civil Code 1947.5(a) says a landlord may prohibit the smoking of a cigarette or other tobacco product on the property or in any building or portion of the building, including the dwelling unit. Under Civil Code 1947.5(b), a lease for a new tenant must include a provision naming the areas where smoking is prohibited. For tenants already in place, adding a ban counts as a change in the terms of tenancy that requires written notice under Civil Code 827.

What does HUD require in public housing?

Public housing is the one place where a smoking ban is mandatory. A rule from the Department of Housing and Urban Development, 24 CFR 965.653, requires public housing agencies to ban prohibited tobacco products in all public housing living units and interior areas, and in outdoor areas within 25 feet of public housing and administrative office buildings.

The rule defines prohibited tobacco products as items that involve the ignition and burning of tobacco leaves, such as cigarettes, cigars, and pipes, plus waterpipes, also called hookahs. Agencies may set designated smoking areas outside the restricted zone or make the entire grounds smoke-free. Private landlords are not bound by this rule, but it shows how a clear smoke-free policy is usually structured.

Can a California landlord ban marijuana?

Yes. California's adult-use cannabis law left property owners in control. Health and Safety Code 11362.45(h) says the legalization law does not restrict the ability of an individual or private entity to "prohibit or restrict any of the actions or conduct otherwise permitted" on privately owned property.

That covers smoking, vaping, and growing cannabis in a rental unit. A California landlord who wants to ban all three should say so in the lease, because Civil Code 1947.5 speaks only of cigarettes and other tobacco products.

What does Michigan law allow?

Michigan gives landlords broad power with one specific limit. MCL 333.27954 allows a person to prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marijuana on property the person owns, occupies, or manages.

The exception is written into the same sentence: a lease agreement may not prohibit a tenant from lawfully possessing and consuming marijuana by means other than smoking. So a Michigan landlord can ban smoking marijuana and growing plants, but cannot ban an adult tenant from keeping legal cannabis or using edibles in the unit.

How does New York handle cannabis and medical patients?

New York starts from the other direction. Cannabis Law 127(2) says no landlord may refuse to lease to an individual or otherwise penalize them solely for conduct authorized by the cannabis law. There are two exceptions.

First, a landlord may act if allowing the conduct would cost the landlord a monetary or licensing benefit under federal law or regulations. Second, a property with a smoke-free policy does not have to permit smoking of cannabis products. That second exception carries its own limit, because it cannot be read to restrict the certified medical use of cannabis. A New York landlord can keep a smoke-free building, but should talk with any certified patient about non-smoked forms of medical cannabis.

Does medical marijuana change the rules elsewhere?

It depends on the state. Michigan's protection for non-smoked possession and use applies to all lawful users, medical or not. New York gives certified patients a specific carve-out. California's Health and Safety Code 11362.45(h) keeps the property owner's right to restrict cannabis on private property in place.

Federally assisted housing adds another layer, which is why New York's law includes the federal benefit exception. Landlords in other states should read their own cannabis statute before writing a clause that reaches medical use.

Can a landlord add a smoking ban to an existing lease?

Not in the middle of a fixed term without the tenant's agreement. A signed lease is a contract, and its terms generally stay in place until the term ends. The landlord can add a smoking ban when the lease renews, or ask current tenants to sign an addendum.

For month-to-month tenants, a smoking ban is a change in the terms of tenancy, so it takes effect only after proper written notice. California makes this explicit. Civil Code 1947.5(c) says a landlord who adopts a smoking ban is subject to the federal, state, and local rules that govern changes to existing leases, and Civil Code 1947.5(b)(2) treats a new ban on older leases as a change in terms requiring written notice under Civil Code 827.

Phasing in a ban building by building, or unit by unit as leases turn over, avoids conflict with long-term tenants who smoke. Announce the timeline early and put it in writing.

How should a no-smoking clause be worded?

Define smoking broadly. A strong clause covers burning or heating tobacco, marijuana, or any other plant product, plus electronic cigarettes and vaping devices. List every area covered, such as the unit, balconies, patios, garages, common areas, and a set distance from doors and windows.

Address growing separately if the state allows home cultivation. State the consequences, including cleaning and odor removal costs beyond normal wear and tear and the right to treat repeated violations as a lease breach. For current tenants, add the ban at renewal or with the written notice state law requires.

A simple version reads: Tenant, members of the household, and guests shall not smoke, vape, or burn tobacco, marijuana, or any other substance anywhere on the property, including the unit, balconies, and common areas. Adjust it for state law, such as Michigan's rule protecting non-smoked cannabis use.

Sources

• California Legislative Information, Civil Code 1947.5
• California Legislative Information, Health and Safety Code 11362.45
• Electronic Code of Federal Regulations, 24 CFR 965.653
• Michigan Legislature, MCL 333.27954
• New York State Senate, Cannabis Law 127
• GovInfo, 42 U.S.C. 3604