Pennsylvania Rental Smoking Rules: What Renters Need to Know

When moving into a rental unit in Pennsylvania, renters often wonder about rules concerning smoking—whether it’s tobacco, cannabis, or e-cigarettes. Understanding your rights and responsibilities under state law is key to a safe and comfortable living environment. This article explains how rental smoking policies work in Pennsylvania, what disclosures landlords must make, and where to get help if you have concerns.

What Are Landlords Allowed to Decide About Smoking?

Pennsylvania law allows landlords to set their own smoking policies for residential units. There is no statewide law that requires rental properties to be smoke-free, but landlords can prohibit smoking in leases, common areas, or throughout their properties.

• Landlords are permitted to ban all forms of smoking (including tobacco, e-cigarettes, and cannabis) inside units or anywhere on the property.
• Policies must be made clear in the rental agreement. If you sign a lease with a no-smoking clause, you are legally required to follow it.
• Some municipalities—like Philadelphia—have their own rules requiring smoke-free common areas in multi-unit buildings. Always check local ordinances.

How Are Tenants Notified of Smoking Policies?

Disclosure of smoking rules should occur before or at the time you sign your lease. This includes:

• Explicit language in the lease agreement specifying areas where smoking is or is not permitted.
• Posting of signs in common areas for multi-unit buildings, especially where local law applies (for example, in Philadelphia¹).

Review your lease and ask your landlord for clarification. In Pennsylvania, there is no specific state form for smoking policy disclosure, but a written lease is crucial.

Impact on Renter Rights and Security Deposits

If your lease prohibits smoking and there are violations—such as evidence of smoke damage or odors—the landlord may be entitled to keep part of your security deposit for cleaning or remediation under Pennsylvania’s Landlord and Tenant Act of 1951².

• Landlords must provide an itemized list of deductions within 30 days of lease end.
• If you dispute deductions, you may file a claim in your local Magisterial District Court.

Reasonable Accommodation and Fair Housing

Under the federal Fair Housing Act and Pennsylvania Human Relations Act, landlords cannot discriminate against tenants with disabilities. However, a tenant’s medical need to use medical marijuana does not override a no-smoking policy. Medical marijuana remains prohibited under federal law, and landlords are not required to allow it if smoking is banned.

What To Do If You Have Issues with Smoking in Your Rental

• Document the problem (dates, photos, communication with your landlord).
• Request a written response from your landlord if there’s a dispute.
• If the issue interferes with your right to a habitable living space, you may file a complaint at your local Magisterial District Court (Pennsylvania Magisterial District Courts)³.

For Philadelphia renters, additional protections and complaint procedures are available through the Department of Licenses & Inspections.

Official Forms and Where to Find Them

• Written Lease Agreement – There is no universal state-issued lease form requiring a specific smoking addendum, but you can use sample templates provided by the Pennsylvania Housing Finance Agency.
  • Use: Both landlord and renter should review and sign the agreement, which should clearly outline smoking policies.
• Civil Complaint Form (AOPC 310A) – Used to file a complaint against your landlord or respond to claims about lease violations, such as alleged smoking inside a non-smoking property.
  • Find this and related forms on the PA Unified Judicial System forms page.
  • Example: If you believe a deduction from your security deposit due to alleged smoking damage is unfair, you can file this form at your local Magisterial District Court.

Official forms and more information about your rights can be found on the Pennsylvania Housing Finance Agency forms page.

FAQ About Smoking Rules in Pennsylvania Rentals

1. Can my landlord ban all smoking in my apartment? Yes. Pennsylvania law allows landlords to set smoke-free policies in leases. If stated in your lease, it is legally enforceable.
2. What happens if I break the no-smoking rule in my lease? The landlord may withhold a portion of your security deposit for cleaning or repair. They must provide an itemized deduction list within 30 days of your move-out date.
3. Are landlords required to notify tenants about smoking policies before move-in? There is no state-specific disclosure form, but smoking rules should be clearly stated in the lease. Always request written confirmation.
4. Does a no-smoking policy apply to e-cigarettes or medical marijuana? Usually, yes—unless your lease makes a specific exception. Medical marijuana use is not protected if the lease bans all smoking.
5. What if my neighbor’s smoke is affecting my health? First, report the issue in writing to your landlord. If unresolved, you may contact your local health department or file a complaint with the Magisterial District Court.

Conclusion: Key Takeaways for Renters

• Landlords in Pennsylvania can set their own smoking policies—always check your lease for specific rules.
• Violating a no-smoking policy may result in deductions from your security deposit.
• For complaints or disputes over smoking issues, use official forms and the Pennsylvania Magisterial District Courts.

Knowing the rules before you sign a lease helps ensure a safe, comfortable rental experience.

Need Help? Resources for Renters

• Pennsylvania Housing Finance Agency (PHFA) – Renter resources and landlord-tenant guidance
• Pennsylvania Magisterial District Courts – Handles residential tenancy disputes and security deposit claims
• Philadelphia Department of Licenses & Inspections – For Philadelphia renters needing local assistance with housing complaints
• PHFA Lease & Forms – Download lease templates and related forms

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1. Philadelphia housing code for multi-unit smoking bans
2. Landlord and Tenant Act of 1951, 68 P.S. §§ 250.101–250.602
3. Pennsylvania Magisterial District Court information

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