Neighborhood
  • Home
  • About Us
  • Contact
  • Industry News
  • Affordable Housing
  • Investment Strategies
  • Owner/Resident Login

industry news

New 2012 Law Allows Landlords to Ban Smoking in Rental Units

9/19/2011

0 Comments

 
Picture
OK, this image is a bit of an exaggeration but I think we have all experienced the resulting affects of excessive smoking inside rental units. Smoke can get in the paint, the carpet, the ducting, pretty much everywhere.  The largest challenge we find is to transition from a smoking rental unit into a sensitive non-smoking individual or family.  It is a comprehensive cleaning and often painting which takes additional time and money.  

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


0 Comments



Leave a Reply.

    Get Legal Advice For All of Your Real Estate Needs: Land Use, Transactional, Landlord-Tenant, & Other Property Issues--Give Me a Call and Talk To An Attorney at no obligation: 
    559-270-6776

    Author

    Neighborhood Property Management: 
    Manager, Owner, Broker, Attorney & Investor

    Archives

    February 2018
    October 2016
    September 2016
    October 2015
    June 2015
    April 2014
    February 2014
    November 2013
    July 2013
    June 2013
    May 2013
    April 2013
    January 2013
    December 2012
    March 2012
    December 2011
    September 2011
    August 2011
    July 2011

    Categories

    All
    Carbon Monoxide Detectors
    Caution
    Handling Evictions
    Marketing & Advertising
    Market Update
    New Laws
    Pet Policies
    Premises Liability
    Reservation Deposits
    Scam
    Smoking & SB 332
    Tenant Screening

    RSS Feed

    Legal Information Is Not Legal Advice
    This blog gathers information about the existing and evolving landlord and tenant laws primarily in California, intending to help users safely navigate and appreciate their own legal needs. Please note that legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. NPM recommends that you always consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.

  BRE# 01963981   Neighborhood Property Management, Inc   Copyright 2014