Landlords May Ban Smoking in Rental Units in 2012

Governor Brown has signed California Senate Bill 332, which authorizes a landlord of a residential dwelling unit to prohibit the smoking of tobacco products on the property, in a dwelling unit, in another interior or exterior area, or on the premises on which the dwelling unit is located. The new law requires that every lease or rental agreement entered into on or after January 1, 2012 for a residential dwelling unit on property in any portion of which the landlord has prohibited the smoking of cigarettes or other tobacco products must include a provision that specifies the areas on the property where smoking is prohibited, if the lessee has not previously occupied the dwelling unit. For a lease or rental agreement entered into before January 1, 2012, a prohibition against the smoking of cigarettes or other tobacco products in any portion of the property in which smoking was previously permitted constitutes a change of the terms of tenancy, and the landlord must provide written notice to the affected tenants.

For further information, please do not hesitate to contact Earl R. Wallace, Esq. at (949) 748-3600.

January 1, 2012 | Articles |