Legal Question in Landlord & Tenant Law in California

I would suggest that you have an attorney review your lease first, and advise you as to your rights. If the written lease agreement contains a provision which states that the tenant will not smoke, then you would give a notice - the length of which is determined by your lease - to perform covenants or quit. These are often a three day notice, but I have seen leases where the tenant is to be given 15 or even 30 days notice to comply with the rules or leave.

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