Legal Question in Landlord & Tenant Law in California

You might, but the only way you could enforce it is to sue the landlord for breach of the agreement regarding non-smokers. If they smoke outside, I really doubt you will prevail on a claim that they bring their "smell" into the house. I personally believe that the only reason courts have been willing to uphold no-smoking rules is the fact that proof now exists that second-hand smoke is harmful. Once they have finished smoking and come back into the house, the risk associated with second-hand smoke is probably negligible or non-existent, and accordingly, I'm not convinced that a court will side with you. You may wish to contact a tenant rights attorney in your area.

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