Does North Carolina have a law prohibiting smoking in rental units?

No, North Carolina does not have a statewide law banning smoking in private rentals. Smoking rules are determined by your landlord and must be stated in your lease.

Can a landlord evict me for smoking if the lease doesn't mention it?

Generally, if your lease does not mention smoking, you cannot be evicted solely for smoking unless it causes damage or nuisance as defined under the law.

How can I request a smoke-free environment before signing a lease?

You can ask your landlord to include a no-smoking clause in the lease. If agreed, both parties should sign and keep a copy.

Who should I contact if my neighbor's smoking is bothering me?

First, try to resolve the issue with your neighbor or landlord. If the problem persists, contact your landlord or the local District Court.

What if my landlord adds a smoking restriction after I move in?

Unless stated in your lease, changes require your agreement or apply upon renewal. Discuss proposed changes in writing before signing.

North Carolina Rental Smoking Policies: A Guide for Renters

Moving In: Inspections & Disclosures North Carolina published: June 21, 2025

Moving into a rental in North Carolina? Understanding whether smoking is allowed—and how it’s handled—can make a big difference in your living experience. In North Carolina, there are key rules and disclosure requirements both renters and landlords need to know about regarding smoking policies in rental units. This article gives renters a clear overview of how smoking rules may affect your lease, your rights, and what steps you can take to protect your health and your home.

Smoking Policies in North Carolina Rentals: What Renters Should Know

North Carolina law does not prohibit smoking in private residential rentals, but landlords have the right to set their own smoking policies. Many landlords choose to implement smoke-free rules for health, safety, or insurance reasons. These policies should be outlined in your lease agreement, and landlords must give clear notice if there are restrictions.

Types of Smoking Policies

When renting in North Carolina, you may encounter several types of smoking policies:

No Smoking Policy: Smoking is not allowed anywhere on the property, including inside the unit and common areas.
Limited Smoking Areas: Smoking is only allowed in specific areas, such as designated outdoor spots.
Smoking Allowed: Smoking is permitted anywhere in your unit, unless otherwise agreed upon in your lease.

Always review your lease to see which policy applies to you. If uncertain, ask for written clarification from your landlord.

Lease Agreements and Required Disclosures

While North Carolina law does not require landlords to disclose smoking policies by default, best practice backed by the North Carolina Housing Finance Agency recommends that smoking rules be included in your written lease. This avoids misunderstandings and protects both tenant and landlord interests.

If your landlord has a written no-smoking policy, it must be part of the lease or an official addendum. Signing the lease means you agree to follow these rules. If the lease is silent about smoking, it’s a good idea to request clarity to avoid disputes later on.

What Happens If Policies Change During Your Tenancy?

Landlords may not add or change smoking rules in your unit during your lease term without your agreement, unless your lease states otherwise. Changes typically only apply to new tenants or when renewing a lease. If your landlord wishes to introduce a smoke-free policy mid-lease, both parties should sign a written addendum.

Tip: Always keep a signed copy of your original lease and any addenda regarding smoking. This protects your rights if disputes arise.

Official Forms for North Carolina Renters

While there is no specific state-wide form just for smoking policy disclosure in North Carolina, the main relevant document is your Residential Lease Agreement. This legal contract should detail all property rules, including any no-smoking or limited-smoking policies. You can review an official lease sample or download recommended forms via the North Carolina Administrative Office of the Courts.

Residential Lease Agreement (No Form Number): Used to outline your rental arrangement, including all rules like smoking restrictions. Complete this with your landlord before moving in. Learn more about rental agreements.
Complaint in Summary Ejectment (Form CVM-206): Used if there’s a dispute (such as repeated smoking where it’s prohibited and a landlord seeks eviction). Download directly from the North Carolina Courts website. For example, if a tenant repeatedly smokes in violation of a written no-smoking lease clause, a landlord may file this form with the court to start eviction proceedings.

Still have questions about your lease terms or forms? You can contact your local county courthouse for help, or visit the housing resources provided below.

What Tribunal Handles Tenancy Disputes?

In North Carolina, rental housing disputes, including those related to lease violations like prohibited smoking, are handled by the North Carolina District Court (Small Claims Division). This is where a landlord or tenant would go to resolve legal disagreements.

Relevant North Carolina Tenancy Laws

The primary law governing residential rental relationships is the North Carolina General Statutes Chapter 42: Landlord and Tenant. This statute covers leases, disclosures, tenant rights, and eviction procedures.¹

FAQ: Smoking Policies in North Carolina Rentals

Does North Carolina have a law prohibiting smoking in rental units?
No, North Carolina does not have a statewide law banning smoking in private rentals. Smoking rules are determined by your landlord and must be stated in your lease.
Can a landlord evict me for smoking if the lease doesn't mention it?
Generally, if your lease does not mention smoking, you cannot be evicted solely for smoking unless it causes damage or nuisance as defined under the law. Always review your lease terms for specific clauses.
How can I request a smoke-free environment before signing a lease?
You can ask your landlord to include a no-smoking clause in the written lease. If agreed, both parties should sign and retain a copy for their records.
Who should I contact if my neighbor's smoking is bothering me?
First, try to resolve the issue with your neighbor or landlord. If the problem persists, document the nuisance and discuss possible lease violations with your landlord or contact your local District Court for further action.
What if my landlord adds a smoking restriction after I move in?
Unless otherwise stated in your lease, changes can only be made with your agreement or upon lease renewal. Discuss any proposed changes in writing before signing an addendum.

Key Takeaways for North Carolina Renters

Smoking policies in North Carolina rentals are set by your landlord and must be stated in your lease.
All lease terms, including smoking rules, should be in writing and signed by both parties.
If you face disputes about smoking in your rental, the North Carolina District Court (Small Claims) can address these issues.

Understanding your lease and advocating for your preferences ensures a safer and more comfortable living environment.

Need Help? Resources for Renters

North Carolina Housing Finance Agency – Rental resources and tenant tips
North Carolina District Court (Small Claims) – For disputes about lease violations
Find Your Local County Courthouse
North Carolina General Statutes Chapter 42 – Landlord and Tenant Law