Tag Archives: apartments

Have you ever been looking for a new rental property, but were concerned about whether or not the previous tenants smoked int he home? Or, perhaps you have been the owner of a rental property with tenants who were smokers. Rental owners may often have been told by tenants that they cannot prohibit smoking in rental units because the tenant is the one paying the rent. However, a new law in California shores up a landlord’s right to prohibit smoking in rental units, giving landlords legal standing when in conflict with tenants.

Previously, there had been no laws in California that specifically stated a landlord’s right to prohibit smoking in apartments or rental units they owned and/or manage, but now it has been put into law. The law has come into effect after research conducted in California’s Imperial County showed renters largely preferred smoke free environments. Ninety-five percent Continue Reading

In the past, we've discussed California's proactive regulations as well as a disagreement stemming from smokers residing in multifamily units including townhouses and apartments. This new law, effective January 1, 2012, should come as no surprise.

California Senate Bill 332 was signed into law on September 6, 2011 by Governor Jerry Brown. The law now requires landlords to state in lease agreements where smoking is permitted on property. Some upscale units have imposed smoking restrictions in-unit for the greater part of a decade with few legal issues arising. This bill will further allow landlords to take affirmative action in deciding if and where tenants can smoke.

With multifamily housing accounting for more than 30 percent of California's residences, Senator Alex Padilla, Democrat - Los Angeles, believes this provides landlords "on solid legal ground if they choose to have those restrictions." Padilla went on further to state, "While more than 86 percent of Californians do not Continue Reading