Massachusetts Rental Smoking Policies: What Renters Need to Know

When moving into a rental unit in Massachusetts, knowing your rights and responsibilities around smoking policies is important. While some tenants prefer a smoke-free living environment, others may wish to smoke indoors. Massachusetts law allows landlords to create smoking rules, but also protects tenants by requiring clear disclosures about these policies before you sign a lease.

How Smoking Policies Are Set in Massachusetts Rentals

Massachusetts does not have a statewide ban on smoking in all rental apartments. However, state law allows landlords to set their own smoking policies for their properties, as long as they follow fair housing laws and provide proper notice. Many landlords and property managers choose to adopt smoke-free policies to protect the health and safety of all renters and reduce risks of fire or property damage.^[1]

Typical Types of Smoking Policies Landlords May Enforce

• No-smoking policies throughout the property (inside units, common areas, and outdoors)
• Smoking allowed only in designated outdoor areas
• Smoking permitted inside individual units if stated in the lease agreement

Whatever policy is in place, it must be made clear to you before you sign your lease.

Disclosure Requirements When Moving In

Under Massachusetts General Laws Chapter 186 – Estates for Years and at Will, landlords must include all rules and conditions of tenancy, such as smoking bans, in your lease agreement.^[2] If you are moving into a multi-family building, the landlord should also disclose if the building is designated as smoke-free.

Practical Example: Lease Signing and Smoking Rule Disclosures

Suppose you are about to sign a lease for an apartment. The landlord provides a written lease that states, "No smoking of any kind is permitted anywhere on the property." This is a clear policy. If a landlord or property manager fails to disclose a no-smoking rule and tries to enforce it later, you may have grounds to challenge the rule or terminate your tenancy.

Smoking, Secondhand Smoke, and Your Right to Quiet Enjoyment

Even if your lease does not have a specific no-smoking policy, tenants have the right to "quiet enjoyment" of their unit. This means that if smoke from another tenant interferes with your ability to use and enjoy your rented space, you can address this concern with your landlord.^[2]

• A landlord may take steps to fix the problem, such as sealing leaks or enforcing an existing smoking ban
• If secondhand smoke remains unresolved, you may contact your local Board of Health for help

Relevant Official Forms for Renters

• Standard Residential Lease Agreement (Form): Massachusetts Standard Lease Form
  • When to Use: When signing a new lease. Be sure to review this form to locate any smoking policy language. Discuss with your landlord if anything is unclear.
• Mediation or Complaint Intake Form: Your town or city Board of Health may have a specific "Nuisance Complaint" or "Request for Mediation" form. For example, Boston's Board of Health offers a Housing Complaint Form if you experience significant smoke exposure or housing condition concerns.
  • When to Use: If your reported smoking issue remains unresolved after contacting your landlord, you can submit this form to request health department intervention or mediation.

Which Tribunal Handles Residential Tenancy Issues in Massachusetts?

The Massachusetts Housing Court is responsible for addressing disputes between landlords and tenants, including those involving lease violations, habitability, or enforcement of building rules.

Citing the Law: Massachusetts Tenancy Legislation

The primary law that governs landlord-tenant relationships in the state is Massachusetts General Laws Chapter 186. This statute covers issues like lease disclosures, quiet enjoyment, and your rights regarding rules in rental agreements.

FAQ: Massachusetts Rental Smoking Policy Questions

1. Can my landlord ban smoking inside my apartment?
   Yes, landlords in Massachusetts can prohibit smoking within apartments and on rental property. This must be stated in your lease.
2. What should I do if secondhand smoke is entering my unit?
   First, notify your landlord in writing about the issue. If it is not resolved, contact your city or town's Board of Health or file a complaint with your local housing authority.
3. Is vaping or cannabis covered under the same smoking bans?
   Usually, smoking bans include vaping and cannabis unless otherwise specified. Always check your lease or building rules for clarification.
4. Can smoking rules change during my lease?
   Generally, major changes to rules, like adding a new smoking ban, must wait until lease renewal unless you agree to an amendment. Always get any policy updates in writing.
5. Where can I find official forms related to lease or tenant complaints?
   Visit the Massachusetts Standard Lease Form page or your local Board of Health's complaint form page for official documents.

Key Takeaways for Renters

• Always check your lease for written smoking policies before moving in or signing.
• If affected by secondhand smoke, communicate with your landlord and keep records.
• Use official complaint forms or contact the Housing Court if your issue cannot be resolved directly.

Need Help? Resources for Renters

• Massachusetts Housing Court – for rental disputes and legal support
• Commonwealth of Massachusetts Renting Portal – official guides and forms for tenants
• Massachusetts Tenants' Rights – understand your protections and complaint process
• Boston Housing Complaint Form – for city of Boston renters experiencing unresolved smoke issues

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1. "Chapter 186: Estates for Years and at Will." Massachusetts General Laws
2. "Renting in Massachusetts – Tenants' Rights and Responsibilities." Commonwealth of Massachusetts Renting Portal
3. "Housing Court." Commonwealth of Massachusetts

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