Is “Vaping” Allowed in a No-Smoking Rental?


“Vaping” is all the rage now. It consists of smoking an electronic cigarette, cigar, hookah, pen or pipe. They are collectively known as Electronic Nicotine Delivery Systems, or ENDS. The industry is unregulated, with no restrictions as to what can go into the e-liquid cartridges.  All contain nicotine, a base (usually propylene gyycol) and some type of flavoring, plus coloring and other chemicals.  According to Lung.org, FDA tests found antifreeze ingredients and formaldehyde in leading brands.

The FDA says this is all bad for the consumer using ENDS. Is it bad for your rental property? Does it endanger the health of other tenants in adjoining units, or in common areas? We don’t know enough at this point.  Many municipal ordinances specifically include ENDS in their smoking prohibitions.

Are they covered by the “no smoking” clause in your lease? Nobody knows. If you don’t want people vaping in your rental units, change your lease clause to specifically say that.  If you don’t want to pay a lawyer to change your lease, have all tenants sign an addendum saying they agree that “no smoking” includes “no vaping and no ENDS of any type.”