Home > Construction Law, Real Estate Law > Tenants can be Banned from Smoking

Tenants can be Banned from Smoking

A new law effective as of January 1, 2012, allows a residential landlord to prohibit smoking of any cigarette or any other tobacco products on their residential rental property. SB 332 has been codified into California Civil Code Section 1947.5. The ban can be for the interior such as in bedrooms, or for exterior areas such as common areas like patios or walkways. For new rental agreements after January 1, 2012, the location(s) where smoking is prohibited has to be specified in the agreement. For older preexisting rental agreements, the ban can also be instituted but would constitute a change in the terms of tenancy subject to the standard notice requirements. See Civil Code Section 1947.5 which contains the full text of this new law.

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

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