Legal Question in Landlord & Tenant Law in California

Re: smoking in common areas

There would be no question that your landlord could forbid a new prospective tenant from smoking in common areas, as that is not a forbidden discriminatory act. Whether she could impose it upon pre-ban tenants whose lease has not yet expired is unclear to me as that would be a retroactive application of a requirement and perhaps not permitted by contract law. Most tenants, however, are on month to month leases so she could make it a condition of the new lease term if proper notice is given.

As a practical matter, I doubt a judge would award you anything if you argued she breached the lease, as what are your damages [you can smoke inside]? I think you need to accept the fact that in California a majority of the population does not like smoking or allowing others to smoke, so few people will feel bad about any claim your right are being stepped upon.