Can my landlord ban smoking if it wasn't in my original lease?

Generally, a landlord cannot change lease terms about smoking during a tenancy without your agreement. For new leases or lease renewals, a smoking ban can be added if properly disclosed.

Do I have to tell my landlord if I smoke in my unit?

If your lease restricts smoking, you must comply. If the lease is silent on smoking, you are not obligated, but open communication is best.

What can I do if my neighbor's smoking bothers me?

Check your lease for smoking rules. Document the issue, notify your landlord in writing, and seek mediation or court help if unresolved.

Are e-cigarettes and marijuana included in smoking bans?

Some leases include these in smoking bans, others do not. Always read your lease and ask for clarification.

Is there a statewide complaint line for smoking issues in rentals?

No single statewide line exists. Start with your landlord; for unresolved issues, contact the District Court – Landlord/Tenant Division.

Rhode Island Smoking Policy Disclosures for Renters

Moving In: Inspections & Disclosures Rhode Island published: June 21, 2025

Understanding smoking policies in Rhode Island rental units is an important part of moving in and feeling at home. Whether you prefer a smoke-free environment or need to know what’s required from your landlord, knowing your rights and responsibilities around smoking restrictions helps prevent misunderstandings.

What Are the Smoking Rules for Rhode Island Rental Units?

Rhode Island state law does not universally prohibit smoking in private rental units, but local ordinances and individual landlords may set rules. Some properties, especially multi-unit buildings, adopt smoke-free policies to address health and safety issues. It’s important for both tenants and landlords to know if smoking is permitted and where.

Landlords can prohibit or restrict smoking within the rental unit or on the property through the lease agreement.
If your lease does not mention smoking, you should ask before signing, as verbal agreements can be hard to enforce.
The Rhode Island Housing recommends that any smoking policy (allowing, restricting, or prohibiting smoking) be clearly stated in writing to protect both parties.

Required Smoking Disclosures in Rhode Island

Rhode Island does not have a statewide legal mandate for smoking policy disclosure in private rentals. However, under Rhode Island Residential Landlord and Tenant Act (R.I. Gen. Laws § 34-18), landlords must disclose any material facts that may affect the tenant's use of the premises. If a property is smoke-free or has designated smoking areas, this should appear in the lease or as a separate disclosure statement.

Common Lease Terms About Smoking

Typical smoking terms you might see in Rhode Island lease agreements include:

Prohibiting smoking inside the unit and all interior common areas
Allowing smoking only in designated outdoor areas
Banning marijuana or vaping explicitly, not just tobacco
Outlining tenant responsibilities for damage or cleaning costs due to smoking

It’s your right to ask for clarification or a copy of the smoking policy before moving in.

What If Smoking Becomes a Dispute?

If a neighbor’s smoke is affecting your health or comfort, or if you believe the policy is not being enforced, there are steps you can take:

Document the issue (dates, times, impact)
Review your lease and any signed disclosures
Communicate your concerns with your landlord in writing
If not resolved, consider filing a formal complaint with the appropriate authority

Tip: Keeping written records of your communications and any evidence (photos, witness statements) can support your case if action is needed.

Filing a Complaint or Seeking Resolution

Rhode Island rental disputes, including those about smoking policy violations, are handled by the Rhode Island District Court – Landlord/Tenant Division. You may need to file an action if a smoking dispute cannot be settled informally. Make sure you understand your evidence and timelines.

Useful Forms

Complaint for Eviction for Non-Payment of Rent (Form DC-78): Used by landlords if a tenant violates lease provisions, including unauthorized smoking. Tenants should review this if facing eviction over a smoking-related lease breach. Download DC-78 from Rhode Island Courts.
Answer to Eviction Complaint (Form DC-79): Used by tenants to respond to an eviction notice, explaining (for example) that the lease did not clearly prohibit smoking or the policy was not disclosed. Download DC-79 here.

Use these forms when a dispute escalates to eviction proceedings. For typical complaints about smoking policy enforcement, direct written communication or mediation can often resolve the issue before formal court action is necessary.

FAQ: Smoking Policies in Rhode Island Rentals

Can my landlord ban smoking if it wasn't in my original lease?
Generally, a landlord cannot change lease terms mid-tenancy without your agreement. For new leases or renewals, a smoking ban can be added if properly disclosed.
Do I have to tell my landlord if I smoke in my unit?
If your lease prohibits or restricts smoking, you are required to comply. If there are no restrictions, you do not have to disclose, but open communication is best.
What can I do if my neighbor's smoking bothers me?
First, check your lease for smoking terms. If smoke migrates into your unit and the building is supposed to be smoke-free, document the issue and report it to your landlord in writing. If unresolved, you may seek mediation or file a complaint with the Landlord/Tenant Division.
Are e-cigarettes and marijuana included in smoking bans?
Some leases specifically mention e-cigarettes (vaping) and marijuana, while others only mention tobacco. Always read your lease carefully and ask for clarification if needed.
Is there a statewide complaint line for smoking issues in rentals?
There is no dedicated statewide line for rental smoking complaints. Issues are best addressed with your landlord, and unresolved legal disputes go through Rhode Island District Court – Landlord/Tenant Division.

Key Takeaways

Rhode Island law does not require every rental to be smoke-free, but disclosure and clarity are essential.
Always check your lease for smoking rules and ensure they’re in writing.
If you encounter a dispute, document everything and follow up with your landlord before escalating to court.

Understanding smoking policies in Rhode Island rental housing safeguards your health and tenancy. If you’re uncertain about your rights, reach out to official resources for guidance.

Need Help? Resources for Renters

Rhode Island Residential Landlord and Tenant Act – full state tenancy legislation
Rhode Island District Court – Landlord/Tenant Division – information on dispute resolution and court processes
RIHousing Rental Resources – housing support and tenant resources
CDC: Rhode Island State Tobacco Activities – State tobacco and smoke-free policy data
Rhode Island Code of Ordinances – Check for any additional local city or town ordinances affecting smoking