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Can I require my tenants not to smoke in my property?

Los Angeles, CA |

If I own a property in Los Angeles under the RSO, and I have tenants residing there for 3 yrs. w/o a lease can I draw up a lease not allowing smoking in or on my property?

Attorney Answers 3

Posted

Yes, but of course, the tenants would have to agree to these new lease terms.

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Asker

Posted

Can I require them to stop smoking without a lease agreement?

Sagar P. Parikh

Sagar P. Parikh

Posted

No, you cannot.

Posted

I believe that L.A. prohibits smoking in apartment buildings as it is.
Check with the City or the RSO board. If so, then yes you can change it and probably are required to ban smoking by law.
Even if not, you can prohibit smoking in your building. I don't agree that you have to get the tenants' approval, especially since they are month to month. They do not have a lease. You can put that in a new lease, or just send out a notice that smoking is not going to be allowed starting on a date at least 30 days from the date of the notice.

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Asker

Posted

You are correct. Civil Code Sect. 1947.5 authorizes a property owner to prohibit smoking without the tenants consent.

Posted

Under the RSO, whether or not there is a written lease, the landlord cannot change the terms. without the tenants consent. Here, the tenants have been smoking for 3 years, so it would appear to be a prohibited new term.

As a landlord, I am not aware of any Los Angeles Municipal Ordinance prohibiting tenants from smoking in their own residential units, as opposed to a contractual lease term. If you find such provision as suggested by one the posted, please let me know about it.

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Posted

Brad, does Civil Code 1947.5 apply in this case?

Brad S Kane

Brad S Kane

Posted

While Civil Code 1947.5 allows you to prohibit smoking, it does not preempt or overrule the RSO, which prohibits changes in the lease without the tenant's consent and allows the tenant to automatically renew it on a monthly basis. The fact the lease is "oral" as opposed to written does not give the right to change the terms under the RSO.

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