How Landlords Can Prohibit Smoking in Rental Housing

How Landlords Can Prohibit Smoking in Rental Housing

Although Californians have extensive protections from exposure to secondhand tobacco smoke where they work, eat, and play, some are still exposed to secondhand smoke where they live. Landlords and property managers can protect tenants from exposure to secondhand smoke by prohibiting smoking in common areas and in individual rental units.

This fact sheet describes how a landlord can make common areas nonsmoking and outlines the steps a landlord must follow to change a lease to make an individual unit smokefree. This information does not apply to rental housing governed by a local rent control ordinance or to a condominium complex that is seeking to adopt a no-smoking policy.

Also note that if rental housing is subsidized by a government agency, such as the U.S. Department of Housing and Urban Development (HUD), additional procedures might be required to adopt a no-smoking policy.