How to Write a No-Smoking Lease Clause in California

A clear smoking clause answers two questions: what counts as smoking, and where is it prohibited? If the policy covers vaping, cannabis, entrances, patios, parking areas, or the entire parcel, say so directly.

For an ADU, “inside the premises” may not cover the walkway, entrance, shared yard, or patio. List the areas instead of expecting the word “property” to resolve every boundary question.

California Civil Code section 1947.5 permits landlords of residential dwellings to prohibit smoking and requires leases entered into on or after January 1, 2012 to specify the portions of the property where smoking is prohibited when the landlord adopts such a policy.

The statute should be read together with local smoking ordinances, which may be stricter and may regulate multifamily properties, common areas, or distances from openings.

The policy should regulate conduct rather than make promises about air quality. A landlord generally should not guarantee that smoke will never migrate from outside the property or that no prior occupant ever smoked.

• · Cigarettes, cigars, pipes, cannabis, electronic cigarettes, and vaping devices
• · The dwelling, entrance, patios, balconies, shared areas, and other listed locations
• · Responsibility for tenant occupants and guests
• · A duty to report smoke-related damage or safety concerns
• · Enforcement consistent with the lease and applicable law

A violation can be addressed under the lease and applicable notice procedures, but the agreement should not invent a forfeiture of the security deposit or an automatic eviction. California Courts notes that a curable lease violation may require a notice giving the tenant an opportunity to fix the problem before an eviction case can begin.