In this day and age of more healthful living, many people are choosing to live, work and play in smoke-free environments. Many states, lead by California's 1994 statewide smoking ban in all workplaces, have instituted smoking bans to protect workers, children, and citizens using public buildings and lands from being exposed to the dangers of second-hand smoke.
As a landlord, you may be wondering, "Can I restrict smoking in my rental units?" The answer is a resounding, "Yes!" Much as a landlord or management company can place restrictions on the usage of common areas such as laundry facilities, pools, etc., a ban on smoking in common areas is totally legal and permissible.
You may also ban smoking in individual units. It is legal and valid for a landlord to set such restrictions as a "no pet" clause, or a "no smoking" clause in any lease agreement. It is simply another way for a property owner to protect her property. This cannot legally be construed as discriminatory, or as an infringement on a smoker's rights.
For more information follow this link: http://www.law.capital.edu/tobacco/documents/TALC_rental_fact_sheet.pdf
Here's to your health!
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