Louisiana Renters: What to Know About Smoking Policies

If you’re moving into a rental unit in Louisiana, it’s important to be clear about what the rules are for smoking—whether tobacco, cannabis, or vaping. Understanding your rights and your landlord’s responsibilities about smoking policies can prevent misunderstandings and help maintain a healthy living environment.

How Louisiana Law Treats Smoking in Rental Housing

Louisiana state law does not specifically prohibit or require smoking in private rental units. This means landlords generally have the right to set their own rules about tobacco or cannabis smoking within their properties. However, any rules or policies must be included in the lease agreement, and landlords must disclose these to tenants before move-in.

Louisiana’s Louisiana Smoke-Free Air Act restricts smoking in many public indoor places but does not apply directly to most private residential dwellings.^[1]

Landlord Disclosure Requirements

Louisiana law requires that all essential terms, including any restrictions on smoking, appear clearly within the written lease.^[2]

• Landlords cannot change smoking policies mid-lease unless both renter and landlord agree in writing.
• If the building has any common areas (like hallways or laundry rooms), landlords may choose to ban or allow smoking only in certain spaces. This must be stated upfront.

Common Smoking Policy Scenarios

Here are some examples renters in Louisiana may face when it comes to smoking rules:

• Smoke-Free Units: The lease states that smoking of any kind is not allowed inside your apartment or anywhere on the property.
• Smoking-Allowed Units: The lease says smoking is permitted, often specifying certain areas (porches or balconies) or types (tobacco only).
• Partial Restrictions: Smoking may be prohibited in indoor units but allowed in designated outdoor spaces.

Regardless of the policy, the lease is your main guide. Ask for clarification before signing if anything is unclear.

Dealing with Smoking Policy Issues

What should you do if you encounter problems with a neighbor’s smoke or believe your landlord didn’t properly disclose the smoking policy?

• If you suffer health issues or experience significant smoke transfer, notify your landlord in writing. Ask them to address the issue under the terms of your lease or local ordinances.
• If your landlord changes the policy without your consent or fails to disclose, you may have grounds to file a complaint or, in some cases, terminate your lease.
• If the dispute cannot be resolved, legal advice from a qualified attorney or government resource may be helpful. Disputes over lease terms in Louisiana are often handled through the Civil Division of the District Court in your local parish.^[3]

Relevant Official Forms

• Lease Agreement (No Standard Form): Louisiana does not require a standardized lease, but a clear, written lease helps protect both parties. Ensure the lease states the smoking policy. You can refer to the Louisiana Housing Corporation's sample lease agreement as a guide.
• Notice of Lease Violation: Some landlords use a Notice of Lease Violation when a renter is accused of breaking the smoking policy. This is an internal document provided by your landlord. Respond in writing with your explanation.

Tenants are not required to fill out special forms for smoking complaints, but written records are crucial if the problem escalates.

Reporting Unresolved Smoking Disputes

If you can't resolve the issue directly with your landlord, disputes may be brought before the local civil court. Tenancy disputes in Louisiana are handled by the parish-level Civil Division of the District Court. Always review your lease first before taking further action.^[3]

Frequently Asked Questions

1. Is my landlord required to provide a smoke-free environment in Louisiana?
   No. Unless it is written in your lease, landlords are not legally required to make their rental units smoke-free.
2. What should I do if my neighbor's smoking enters my apartment?
   Notify your landlord in writing. If it continues, keep records and consider contacting your parish civil court for further support.
3. Can a landlord change the smoking policy during my lease?
   No. Changes to key terms like smoking policies must be agreed to in writing by both parties.
4. Are electronic cigarettes and vaping covered by typical smoking bans?
   It depends on your lease agreement. Always check what the lease specifically includes under its smoking policy.
5. Where can renters in Louisiana get free housing advice?
   You can contact the Louisiana Housing Corporation Tenant Resource Center for free help.

Summary of Key Takeaways

• Louisiana landlords set smoking policies, which must be in the lease
• No state law mandates smoke-free rentals, but state law protects your right to have policies clearly stated
• Written communication is essential for any smoking-related disputes

Need Help? Resources for Renters

• Louisiana Housing Corporation Tenant Resource Center – tenant questions and complaint support
• Civil Division of District Court (find your local parish court for formal disputes)
• Sample Louisiana Lease Agreement – see how smoking policies can be disclosed

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1. Louisiana Smoke-Free Air Act (La. R.S. § 40:1300.251 et seq.)
2. Louisiana Civil Code Title IX: Lease (Articles 2668–2729)
3. Louisiana Civil Courts – Civil Division

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