California Smoking Rules in Rental Units: What Renters Need to Know

Understanding smoking policies where you live is essential for maintaining a comfortable and healthy home. In California, smoking rules for rental units are shaped by both state law and local ordinances, affecting what landlords and renters can expect. This guide walks California renters through key rights, landlord duties, and practical steps to handle smoking policies efficiently.

What Are Smoking Policies in California Rentals?

California law allows landlords to prohibit or restrict smoking—including tobacco, cannabis, and e-cigarettes—in rental properties. However, landlords must disclose these smoking rules clearly, ideally within the rental agreement. Many local agencies and cities also enforce additional smoking bans, especially in multi-unit housing.

Required Disclosures for Smoking Policies

California Civil Code Section 1947.5 requires landlords of multi-unit buildings (duplexes or larger) who wish to restrict or ban smoking to:

• Disclose any smoking restrictions in the rental agreement
• Clearly state where (inside units, on balconies, common areas) smoking is not allowed

If there is no mention of smoking, it's important to clarify the rules before moving in. Verbal agreements may cause confusion if disputes arise.

Key Legal Protections for California Renters

• Landlords can impose a smoking ban anytime with new leases, or with proper notice to existing tenants (usually at lease renewal).
• Local city or county laws can be stricter than state requirements. For example, many cities ban smoking in all enclosed and shared spaces of multi-unit housing.
• If a neighbor's smoke enters your living space and it's not allowed under your lease or law, you may file a complaint.

How Smoking Policies Are Set and Changed

Landlords typically add smoking restrictions to new rental agreements. For existing month-to-month tenancies, they must give at least 30 days written notice (or 60 days if you've lived there over 1 year) to change any rules related to smoking.^[1] Some cities require even more notice, so check with your local housing department.

Practical Example: Lease Disclosure

• Scenario: You’re about to sign a lease for an apartment in San Francisco. The lease has a clear paragraph stating, "No smoking of tobacco, cannabis, or any other substance in the unit or common areas." This means smoking is strictly prohibited as a condition of tenancy.
• If there’s no clause: Request a written clarification. If allowed, ask about designated smoking areas or restrictions.

Relevant Official Forms and What to Do

• Official Form: Notice of Change in Terms of Tenancy (No form number)
  You might receive a written notice if your landlord wants to update smoking rules for existing tenants.
• When and how to use: If you receive such notice and want to object or need clarification, respond in writing and keep a copy for your records.

Who Handles Smoking Policy Disputes?

Disputes over rental smoking policies in California are handled by local rent boards, housing authorities, or, if unresolved, through the court system. Larger cities often have official rent boards and tenant protections offices, such as the San Francisco Rent Board and the Los Angeles County Department of Consumer and Business Affairs.

Statewide, the main guiding law is the California Civil Code Section 1947.5 and local ordinances.^[1]

Typical Steps if You Have a Smoking Issue

• Check your lease for smoking clauses
• Notify your landlord in writing about any violations or health/safety problems
• Document incidents with photos, dates, and communications
• Contact your local housing authority or rent board for further help

1. Can my landlord ban all smoking in my apartment?
   Yes. California law lets landlords prohibit smoking in all areas of a property, as long as this rule is clearly written into the lease or you’re given legal notice.
2. What if my neighbor is smoking when it is not allowed?
   Report the violation to your landlord in writing. If the issue continues, contact your city’s housing authority or local rent board.
3. Does a landlord have to provide a smoking disclosure form?
   Landlords are required to disclose smoking policies in writing for multi-unit complexes. This is typically part of your lease.
4. Where can I file a complaint if my health is affected by secondhand smoke?
   Start with your landlord. If not resolved, reach out to your local rent board, city housing authority, or the California Department of Public Health’s tobacco control branch.
5. Do these rules cover marijuana and vaping?
   Yes. Most written smoking bans and California law apply to tobacco, marijuana, and vaping unless your lease says otherwise.

Need Help? Resources for Renters

• Los Angeles County Department of Consumer and Business Affairs – Tenant Protections
• San Francisco Rent Board
• California Department of Social Services – Housing and Homelessness Division
• California Attorney General – Tenant Rights
• California Department of Public Health – Tobacco Prevention Laws

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1. California Civil Code Section 1947.5 – Smoking Restrictions in Rental Housing
2. California Attorney General: Tenant Rights and Protections
3. California Department of Public Health: Tobacco Prevention Laws
4. San Francisco Rent Board
5. Los Angeles County DCBA: Tenant Protections

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