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Author Archives: Robert Williamson

Landlords – you may have to review your “no smoking” policy and either send out notices or amend rules or rental agreements

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October 12, 2011  |  Blog  |   Robert Williamson

SB 332 (Padilla): (signed 09/06/2011) – Codifies the ability of a residential landlord to prohibit smoking on the property or in any building or portion of the building, including any dwelling unit. Requires every lease entered into on or after January 1, 2012 for residential real property where the landlord has prohibited smoking to include a provision specifying the areas where smoking is prohibited. For leases entered into prior to January 1, 2012, a prohibition against smoking on any portion of the property in which smoking was previously permitted shall constitute a change of terms of tenancy requiring adequate notice, as specified. This bill states that a landlord who exercises the above authority shall be subject to state and local notice requirements governing changes to the terms of rental agreements that are in existence at the time the policy is adopted.

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