State Laws Addressing Radon, Mold and Secondhand Smoke
California’s statewide landlord-tenant statute, which delineates certain rights and responsibilities of landlords and tenants of rental dwellings, affirms a landlord’s right to prohibit smoking and requires notice of any prohibition on smoking.
Right to ban smoking. The law affirms that a landlord of a residential dwelling may prohibit the smoking of cigarettes or other tobacco products within dwelling units and in other interior and exterior areas of the building or the premises on which it is located. California Civil Code § 1947.5 . The law also establishes that it does not preempt local ordinances that restrict the smoking of cigarettes or other tobacco products.
Required disclosure of smoking policy. A landlord who prohibits smoking on any portion of a property must include notice of the prohibition in every lease or rental agreement entered into on or after January 1, 2012 for new building occupants, and the landlord must provide adequate notice to tenants with rental agreements entered into before that date.