Smoking Policies in New Jersey Rental Units: What Renters Need to Know

Renting a new home in New Jersey comes with important rights and responsibilities. Among these are rules and disclosures about smoking policies in rental units. Knowing your rights can help prevent misunderstandings, maintain a healthy living environment, and avoid lease violations. This guide explains New Jersey's laws around smoking in rental housing, disclosure requirements, and what to do if you have concerns as a tenant.

Overview of Smoking Policies in New Jersey Rentals

Unlike some states with statewide "smoke-free housing" laws, New Jersey does not have a blanket ban on smoking in private apartments. However, many landlords choose to set their own smoking policies. These may:

• Prohibit or allow smoking inside rental units
• Restrict smoking to designated outdoor areas
• Ban all smoking (including vaping and cannabis) throughout the property

These rules should be clearly outlined in your lease agreement. If a landlord decides to change the policy after you've moved in, they must follow proper procedures to update the lease at renewal.

Disclosure Requirements for Smoking Policies

New Jersey law does not require landlords to disclose their smoking policy in every situation. However, it's considered best practice—and is common in official lease addenda—to clarify whether smoking is allowed. Ask your landlord or property manager about the current policy before signing a lease.

For subsidized or public housing, federal regulations apply. All public housing agencies must prohibit smoking tobacco inside units and indoor common areas, as required by HUD’s Smoke-Free Public Housing Rule.

Relevant Forms and Practical Examples

Most New Jersey landlords use a standard lease addendum to address smoking policy. The commonly used form is:

• New Jersey Lease Addendum: No Smoking Policy (usually part of the official statewide Lease Addenda Packet)
  When to use: If your landlord requires you to sign this, it means the unit or building is smoke-free. Review it carefully before signing.
  Example: If you wish to smoke and see this form, ask about designated areas or seek alternatives before moving in.

While there is no specific state-mandated form just for smoking, lease addenda like these are enforceable under your lease.

What Happens if Rules Are Broken?

Violating a no-smoking policy can result in a lease violation notice, possible fines, or—if not corrected—eviction proceedings. Your landlord must provide written notice of any alleged violation and allow time to fix it (known as a "cure period") per New Jersey's landlord-tenant law.¹

Your Rights & Protections as a Renter

• Landlords cannot change a smoking policy during your lease term without your written agreement.
• New smoking rules usually take effect at lease renewal. Be sure to read new documents before signing again.
• If you're affected by secondhand smoke due to a neighbor violating the policy, you may seek lease enforcement from your landlord.

Which Tribunal Handles Disputes?

If you and your landlord cannot resolve a smoking policy issue, you may bring your case to the New Jersey Superior Court, Special Civil Part, Landlord/Tenant Section, which hears all residential tenancy disputes.²

Legislation Covering Smoking Policies

• New Jersey Statutes Annotated (N.J.S.A.) 46:8-19 et seq. – Landlord-Tenant: Security deposit & leases
• HUD Smoke-Free Housing Rule (for public housing)

These statutes govern lease agreements and tenant rights related to policy disclosures and enforcement.

Frequently Asked Questions

1. Can a New Jersey landlord ban smoking at any time?
   Landlords can add or change a smoking policy, but only at the start or renewal of a lease—not in the middle of a term unless you agree in writing.
2. Do landlords in New Jersey have to tell me if smoking is allowed?
   Landlords are not legally required to disclose smoking policies, but most leases include this information. Always ask before signing.
3. Are electronic cigarettes and marijuana covered by no-smoking policies?
   Typically yes—most "no smoking" lease addenda also ban vaping and cannabis use. Read your policy carefully and seek clarification if unsure.
4. If secondhand smoke is entering my unit, what should I do?
   Document each incident, notify your landlord in writing, and ask for enforcement; if not resolved, consider legal remedies through the court system.
5. Where can I read the smoking and renters' rights laws for New Jersey?
   Find the state statutes at the official New Jersey Legislature website.

Need Help? Resources for Renters

• New Jersey Superior Court, Special Civil Part, Landlord/Tenant Section – For lease violations and disputes
• Official Lease Addenda Packet (NJ Department of Community Affairs)
• Landlord-Tenant Information Service – Free guides and tenant legal information
• HUD Smoke-Free Housing Rule – Applies to public housing renters

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1. N.J.S.A. 46:8-19 et seq. – New Jersey Landlord-Tenant Law
2. New Jersey Superior Court, Special Civil Part, Landlord/Tenant Section

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