Full question:
I have young kids in the house and so I don’t want my tenant to smoke in the garden area and porch. In California, can a landlord stop the tenant from smoking in the rental house? Can I add a clause in the lease in this regard?
- Category: Smoking
- Date:
- State: California
Answer:
Yes, as a landlord in California, you can add a clause in the rental agreement to prohibit smoking in specific areas, including the garden and porch. According to California law (Cal Civ Code § 1947.5), all leases entered into on or after January 1, 2012, must specify areas where smoking is not allowed if the tenant has not previously occupied the unit.
For leases signed before January 1, 2012, changing the smoking policy in areas where it was previously allowed requires proper written notice. Additionally, landlords must comply with local ordinances regarding smoking restrictions.
It's important to note that prohibiting smoking does not affect other terms of the tenancy and does not require separate legal authority for enforcing other lawful conditions.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.