In 2011, California passed SB 332, a law that heavily regulates smoking in rental properties. The law changes previous legislation that wouldn’t allow landlords to regulate smoking in their rental properties. Now, landlords/property managers can restrict smoking, along with pets, waterbeds and noise. Smoking tenants may wonder about their rights in light of this new law.

Lease Agreements

A landlord/property manager can set the conditions on smoking in and around the rental property as long as it is clearly written into the lease agreement. Landlords/property managers can be as strict or as generous as they want. For example, one landlord may determine that there will be no smoking anywhere on the property while another allows smoking outside by the pool or in a common area. However, if the landlord does not have these conditions written into the lease agreement, she cannot enforce the smoking rules until the wording is put into a new lease agreement, such as when the current lease expires and needs renewal. The smoking tenant is not guilty of breaking the lease agreement by smoking if the wording is not in the lease agreement he or she signed.

Smoking and Discrimination

Smokers are not a protected class under state and federal law, so a landlord/property manager can refuse to rent to a smoker. California law is increasingly restricting where people can smoke, such as in the workplace and near public building entrances. As of Jan. 1, 2012, the law extends to rental properties at the landlord’s discretion. Smokers have no rights under current state law if a landlord refuses to rent to them because of their smoking habit.

Smokers and Eviction

Landlords/property managers can also evict smokers who violate a non-smoking lease agreement, just like any other lease-breaking activity. The landlord/property manager can serve a three-day comply or quit notice to the smoking tenants. The tenants do have the right to appear in court to share their side of the story, and the landlord cannot take retaliatory measures to force the tenants to leave, such as turning off utilities, entering the property without notice, changing locks or otherwise harassing the tenants. The smoking tenants cannot be evicted from the property before the court orders it.

Medical Marijuana

The rights of medical marijuana smokers in California rental properties is not entirely clear because, as of 2012, there have been no legal cases that attempt to interpret the law regarding medical marijuana as a medical accessory to a disability. While anti-discrimination laws against those with disabilities is clear, so are California’s no-drug and no-smoking policies. One side argues that because medical marijuana smokers must have an official card issued by a doctor, it is medicine and denying its use is discrimination. Opponents point to clean air studies, anti-smoking reports, secondhand smoke cases and a variety of other arguments to limit smoking of any kind indoors. Such disputes will likely be settled by the courts as medical marijuana use grows nationwide.

by Jenna Marie

Since 1946 the Carnahan name has had a reputation for honest and ethical Real Estate Property Management services in the San Fernando Valley, Santa Clarita Valley, Burbank/Glendale, Los Angeles, Westside and Conejo Valley areas.

The reason for our success is helping owners like you when they need it. Below is a partial list of property management services we provide to help you protect your real estate investment.

• Tenant placement
• Tenant screening (including: credit check, landlord and employment verification, social security trace report, California eviction check and criminal check)
• Regular property inspections
• Accounting and landlord bill payment
• Monthly financial reporting
• Maintenance service and supervision (we use only proven independent vendors)
• Collections
• Evictions
• We supply all the necessary forms to meet California’s Landlord/Tenant laws
• 24 hour emergency phone service
• Advertising to the broadest tenant base possible

Call or e-mail us today for more information. We’re ready to get started!

Carnahan Property Management services Woodland Hills,West Hills, Calabasas, Canoga Park, Tarzana, Reseda, Topanga, Encino, Northridge, Van Nuys,North Hills,Chatsworth, Sherman Oaks, Studio City, North Hollywood, West Hollywood, San Fernando Valley, Granada Hills, Mission Hills, Simi Valley, West Lake Village, Agoura,Toluca Lake, Valley Village, Burbank. Call us at (818) 884-1500 and check if we can service your area.