Frequently Asked
Questions
Hidden
Are smokefree policies legal?
Yes, smokefree policies are legal. It is perfectly legal for landlords/property owners to adopt policies prohibiting smoking in all indoor areas of their buildings, including in units or on their property. There is no legal or constitutional right to smoke.
What are the benefits to going smokefree? What are the benefits of having a smokefree property?
- There are both health and financial benefits to going smokefree.
- Exposure to secondhand smoke can lead to serious health problems including lung cancer, heart disease and stroke, and can make asthma worse in adults and children. It is especially dangerous for children as it can result in permanent damage to growing lungs, and cause respiratory illnesses like bronchitis and pneumonia, ear infections and sudden infant death syndrome (SIDS).
- There are financial benefits as well, including saving on maintenance costs and repairs.
- Learn more here.
Does this mean I will be evicted if I smoke?
No! You can still smoke, just not inside the building. A smokefree policy is treated like any other component of a lease.
Does a smokefree policy include vape aerosol?
Yes. Learn more about e-cigarettes and vaping risk here.
Does a smokefree policy include marijuana smoke?
Where can I get help to quit smoking?
- Here is information about quitting smoking: https://www.lung.org/quit-smoking/i-want-to-quit
- Here is information about helping someone quit smoking: https://www.lung.org/quit-smoking/help-someone-quit
- Here is information about specifically quitting vaping: https://www.lung.org/quit-smoking/e-cigarettes-vaping/quit-dont-switch
- The Missouri Tobacco Quit Services offers free help to Missourians wanting to quit smoking. Call 1-800-QUIT-NOW or go to www.YouCanQuit.org.
Will there be issues with enforcing a smokefree policy?
Enforcement is easier than you think. We understand there can be concerns around implementing and enforcing a smokefree policy. Check out our steps and guidance on this here.
What are the specific requirements for notifying residents about amending a current lease?
- It is recommended that the lease addendum be added at renewal of a lease for current residents, and that a 60-90 days’ notice be given.
- In Missouri, there is a statutory requirement that landlords provide residents with at least a 60 days’ notice of any non-renewal of their lease for those on a yearly rental agreement, and a 30 days’ notice for those on a month-to-month rental agreement (Mo. Rev. Stat. §§ 441.050, 441.060).
Are there any smokefree laws in Missouri?
- Yes, but less than one-third of Missourians are protected by smokefree policies, and these do not cover housing or many workplaces (bars, casinos, restaurants). The state’s clean indoor air law has many exemptions, allows for indoor designated smoking areas, and even allows smoking in daycares when children are not present. Learn more here: FAQs About the Missouri State Clean Indoor Air Law (mo.gov). For information on smokefree laws in Missouri by municipality, https://no-smoke.org/wp-content/uploads/pdf/100ordlisttabs.pdf.
How can we help make Missouri’s air smokefree?
Check out the Show Me Smokefree campaign here Show Me Smoke Free. Show Me Smokefree’s goal is to make sure that every person in Missouri can enjoy smokefree and vapefree air in public places and workplaces.