Virginia Rental Smoking Policies: What Renters Need to Know

Moving into a new home or apartment in Virginia comes with many questions, especially around what is—and isn’t—allowed in your rental unit. One area that’s become increasingly important for both landlords and tenants is smoking policy. Understanding Virginia's rules about smoking in rental units can help you avoid disagreements or surprises as you settle into your new residence.

What Smoking Policies Are Allowed in Virginia Rentals?

In Virginia, landlords are permitted to set their own rules about smoking inside rental properties. There is no statewide ban on smoking in private residential units, but local jurisdictions or property owners might place restrictions.

Common Policy Types

• No-Smoking Policy: Smoking (including cigarettes, cigars, or e-cigarettes) is not permitted anywhere inside the units or on the premises.
• Restricted Smoking Areas: Smoking is allowed only in specific designated outdoor spaces.
• Smoking Permitted Policy: Smoking may be allowed anywhere on property, except for special restrictions included in the lease.

Regardless of the policy, any rules about smoking must be clearly stated in your lease or rental agreement. If smoking is not addressed in your lease, it is best to clarify with the landlord before moving in.

Smoking Disclosure Requirements for Virginia Landlords

Virginia law requires that landlords disclose their smoking policy to prospective tenants if a no-smoking policy is in place. According to Virginia Residential Landlord and Tenant Act, § 55.1-1217, landlords must clearly state in writing whether smoking is permitted on the premises and where (if at all) it is allowed before a lease is signed.^[1]

How Disclosure Works

• The disclosure must be in writing—typically as part of the written lease agreement.
• If a no-smoking policy exists, it should be noted prior to or at signing.
• If you sign a lease without mention of smoking, ask for clarification and get any agreement added in writing.

What To Do If Smoking Becomes an Issue in Your Rental

If you are affected by smoke entering your home from neighboring units or find that another tenant is violating a no-smoking policy, you should take the following steps:

• Document the Issue: Keep a record of when and where you smell smoke, and any communication with your landlord or property manager.
• Notify Your Landlord in Writing: Clearly explain the issue and reference the lease terms or building policy.
• Request Enforcement: Ask your landlord to address any breaches of a no-smoking policy under your lease agreement.
• If necessary, contact the local health department or pursue mediation for persistent issues.

If you believe your health or enjoyment of your rental is significantly affected by secondhand smoke and the landlord does not resolve the issue, you may file a complaint using official processes outlined below.

Relevant Forms and Sample Procedure

Form: Virginia Statement of Tenant Rights and Responsibilities (Form No. VRLTA-SRR)

• When Used: Given to renters at the start of a lease, this form summarizes major tenant rights, such as those regarding habitability and policies like smoking.
• How Used: You'll review and acknowledge the summary, which may note the property's smoking policy. If you don’t receive it, ask your landlord or download it directly from the Virginia Department of Housing and Community Development (DHCD).^[2]

Where to Seek Dispute Resolution

For unresolved smoking disputes or lease violations, renters can apply with the Virginia General District Court, which handles landlord-tenant matters, including alleged lease breaches and habitability issues. Review the Virginia Residential Landlord and Tenant Act for your rights and remedies.^[1]

FAQ: Virginia Smoking Policy in Rentals

1. Can my landlord ban smoking in my apartment even if I am already living there?
   Usually, a landlord cannot change your lease in the middle of its term. Smoking rules can only be updated at lease renewal unless you agree to changes earlier.
2. What happens if another tenant ignores the no-smoking policy?
   Contact your landlord in writing and request that they enforce the lease. Persistent violation may be grounds for lease action or court involvement.
3. Is vaping or e-cigarette use considered 'smoking' under Virginia law?
   This is determined by your lease. Many landlords include vaping and e-cigarettes within their smoking restrictions—check your rental agreement for details.
4. Do I have to get an addendum for a new smoking policy?
   If a property updates its smoking policy, you should get an addendum in writing, and both parties must sign to make changes during your lease term.
5. Where can I file a complaint if the landlord does not enforce the smoking policy?
   You may file a complaint through the General District Court, or seek help through the Virginia DHCD or local tenant support resources.

Conclusion: Key Takeaways on Smoking in Virginia Rentals

• Virginia landlords must disclose their smoking policy in writing before you sign your lease.
• You have the right to clear, written expectations about smoking at your rental property.
• For policy breaches, communicate promptly—and in writing—with your landlord and save all documentation.

Knowing your rights and responsibilities can help you prevent complications and protect your health and comfort in your Virginia home.

Need Help? Resources for Renters

• Virginia Department of Housing and Community Development (DHCD) Landlord-Tenant Resources: Information, forms, and complaint help
• Virginia Residential Landlord and Tenant Act – Full Text
• Virginia General District Court – Tenant Dispute Filing

---

1. Virginia Residential Landlord and Tenant Act, § 55.1-1217: Disclosure of Smoking Policy
2. Virginia Statement of Tenant Rights and Responsibilities (Form VRLTA-SRR)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations