§ 445-4.014. Required lease terms.

(a)

Commencing July 1, 2018, every lease and other rental agreement for the occupancy of a dwelling unit in a multi-unit residence that is entered into, renewed, or continued month-to-month must include the terms specified in subsection (b) on the earliest possible date allowed by law after providing any required legal notice.

(b)

Required Terms.

(1)

A clause stating that smoking is prohibited in all dwelling units must be included in the written agreements specified in subsection (a).

(2)

A clause stating that it is a material breach of the lease or rental agreement to:

(i)

Violate any law regarding smoking while on the premises;

(ii)

Smoke in any dwelling unit; or

(iii)

Smoke in any multi-unit residence common area where smoking is prohibited, must be included in the written agreements specified in subsection (a).

(c)

The California Apartment Association's Form 34.0, revised December 2016 and as amended from time to time, may be used to comply with this section.

(d)

A landlord's failure to enforce any smoking regulation of a lease or rental agreement on one or more occasions does not constitute a waiver of the lease or rental agreement provisions required by this section and does not prevent future enforcement of the lease or rental agreement provisions required by this section.

(e)

A landlord is not liable under this chapter to any person for a tenant's breach of smoking regulations if:

(1)

The landlord has fully complied with all provisions of this chapter; and

(2)

Upon receiving a signed, written complaint regarding prohibited smoking, the landlord provides a warning to the offending tenant, stating that the tenant may be evicted if another complaint is received. Upon receiving a second signed, written compliant against the offending tenant, the landlord may evict the tenant, but is not liable for the failure to do so.

(Ord. No. 2018-07, § VI, 3-13-18; Ord. No. 2010-10, § V, 10-12-10)