Home > Uncategorized > New Law Effective January 1, 2012 Codifies Right of Landlord to Ban Smoking

New Law Effective January 1, 2012 Codifies Right of Landlord to Ban Smoking

A newly enacted code effective January 1, 2012, has codified the right of a landlord to ban smoking on leased premises. Civil Code Section 1947.5 allows the landlord of a residential dwelling unit, to prohibit the smoking of a cigarette, or other tobacco product on the leased property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is located. Leases or rental agreement entered into on or after January 1, 2012 that would have this ban, shall
include a provision that specifies the areas on the property where smoking is prohibited. For a lease or rental agreement entered into before January 1, 2012, a new smoking ban can still be enacted but it would constitute a change of the terms of tenancy requiring adequate notice in writing.

All Rights Reserved © 2012 by Michael L. Mau, Esq. & The Mau Law Firm

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