Governor Brown has signed SB 332 (Padilla – Los Angeles), which specifically authorizes rental property owners to prohibit the smoking of a cigarette or other tobacco product by anyone on the property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it 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.
There are many local laws that prohibit individuals from smoking tobacco at public and private property. This state law does not preempt those local laws.
For more information and background on this subject, see CAA’s White Paper onTobacco Smoking at Residential Rental Properties