California Landlord "Caught in the Middle" with Tenants and Smoking

California Considers Law to Prohibit Smoking in Multi-family housing

One California landlord, Ted Sherman, has been working hard to mediate a situation between two long-standing tenants in an apartment complex. California's new law is providing Mr. Sherman with a solution.

In a multilevel unit, Mr. Sherman has one tenant in the lower level who smokes. In the unit directly above resides a non-smoker with a child.

Smoke permeates through the walls in apartments, leaving neighbors unhappy with the smell and toxins. The one tenant steps outside on his patio to smoke, reducing the number of toxins inside, though he is still aggravating his neighbor above.

Mr. Sherman notes that in the past, there has been no law stating a landlord could prohibit smoking, but there has been no law stating otherwise. The legal grey area is under review.

California legislature has passed a law allowing landlords the right to prohibit smoking in their units should they see fit. The bill has been passed on to the Governor Jerry Brown for review and possible signature into law.

Mr. Sherman posed the questions: "Do I have the right to restrict smoking, infringing on the rights of the smoking tenant? Or am I infringing on the rights of the non-smoking tenant by allowing smoking?" This isn't a new predicament for landlords, but one that SB332 intends to squash.

Currently 86 percent of Californians don't smoke, but the smoke-free housing available is nominal in comparison. Almost one-third of the states housing is multifamily buildings including apartments and condominiums where smoke is able to travel through ventilation systems, windows, doors, and crawl spaces.

The health risks of smoking are great, but so are the risks of exposure to second hand smoke. It is a fine line between the rights of both sides of the smoking coin. What are your thoughts? Would you rather live in a unit that allows smoking or one that has banned tobacco cigarettes?