Why would a landlord
want to prohibit smoking?
In addition to the important health benefits of reducing
exposure to secondhand smoke, prohibiting smoking can decrease the risk of
accidental fires and may even reduce fire insurance premiums. Landlords also
will avoid complaints from non-smoking tenants and may see a significant
reduction in maintenance and turnover costs. Cleaning and refurbishing a
smoker’s unit can require additional time and effort to repaint and to replace
carpets and drapes. By prohibiting smoking in a unit, landlords can minimize or
eliminate these expenses altogether.
Is it legal for a
landlord to prohibit smoking?
Yes. Effective January 1, 2012, California Civil Code 1947.5
provides that a landlord has the right to prohibit the smoking anywhere on
their property, including common areas and individual units. This right applies
to new tenants who enter into lease. For
existing tenants, a new smoking restriction constitutes a change in terms of
tenancy. The terms may be modified with reasonable notice and in compliance
with all state and local laws for month-to-month tenants. For tenants on a
lease, the landlord cannot change the terms during the lease period without the
tenant’s consent. In this case the
landlord will need to wait until the end of the lease period to add the
restriction.
U.S. Department of
Housing and Urban Development (HUD)
HUD has recently launched a set of tools to encourage
landlords to adopt smoke-free policies to protect tenants from the dangers of
secondhand smoke and to reduce property maintenance costs. The kit includes:
- · Going Smoke Free – Steps for Landlords
- · A Landlords Guide to –No-Smoking Policies
- · Sample Letter to Tenants
- · Sample Lease Addendum
- · Legal and Health Information
- · Frequently Asked Questions
- · and more
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