Legal Question in Real Estate Law in California
Rental rights on smokers and non-smokers
We are managing a rental house for my mother-in-law. We want to know if we could request that the prospective tenants are non-smokers OR can we ask that they don't smoke in the house, but it is okay to smoke outside?
Also, the present tenants gave us a 30 day notice to move, and in their letter they stated that we have harrassed them and they went through unneeded turmoil and stress living there but never mentioned it previously and they lived there for 2 years, this came about when we raised the rent. Can they take us to court and sue us since they never mentioned anything before. We have never bothered them other than asking them to repair damages they made at the property, everything done in writing through us. Is the burden of proof on them? They stated things in the letter that are untrue. Fair housing said to reply to the letter. Is this correct?
2 Answers from Attorneys
Re: Rental rights on smokers and non-smokers
A landlord has the right to restrict certain kinds of conduct the tenants may not do. As long as the restriction isn't based on age, sex, religion, and/or race of the tenants. However, one has to question the harm in allowing a smoker to smoke outside the premises. Inside where the smoke permeates the premises is understandable.
Re: Rental rights on smokers and non-smokers
You can be sued, but this does not mean you will be, nor that the suit would be successful. The burden of proof is on the party claiming injury. In assessing your chances of winning or losing, consider the strength of the case against you, particularly the concrete evidence (written material, etc.) and the credibility of potential witnesses. Always get a lawyer at once if you are served with anything resembling a summons and/or complaint.
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