Legal Question in Real Estate Law in California

Smoking or Non - Smoking?

I am an Apartment unit owner and just recently I had a very bad expierence with a tenant whom totally thrashed a newer unit, just about violated every claus in our rental agreement. Since that Tenant moved out and we spent alot of money fixing this apartment up. With our new Tenant's we wanted to add a Non - Smoking claus to our rental agreement. Is it legal to ask the Tenant and to put it in the rental agreement (month to month) to keep the apartment a non - smoking unit? Could you give me as much details as possible in regards to these laws. ( I only rent two units the other unit is a non-smoker as well as myself.)


Asked on 4/09/01, 1:36 pm

1 Answer from Attorneys
Joshua Genser Joshua G. Genser, Attorney at Law

Re: Smoking or Non - Smoking?

I believe it would be perfectly permissible to restrict smoking inside your unit. Just put on your written rental agreement, prominently, a prohibition against smoking inside the unit, and make sure the tenant is aware of the prohibition before the agreement is signed.

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Answered on 6/08/01, 2:09 pm


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