12.70.037 Required Lease Term for New Leases

A.    Every lease or other rental agreement for the initial occupancy of a new or existing unit in a multi-unit residence entered into on or after May 1, 2014, shall include a clause providing that it is a material breach of the lease or other rental agreement for the tenant, or any other person subject to the control of the tenant or present by invitation or permission of the tenant, to engage in smoking in any unit of the multi-unit residence or any common area of the multi-unit residence.

B.    Landlords shall offer all current tenants a voluntary lease addendum providing that it is a material breach of the lease or other rental agreement for the tenant, or any other person subject to the control of the tenant or present by invitation or permission of the tenant, to engage in smoking in any unit of the multi-unit residence or any common area of the multi-unit residence.

C.    The use of medical cannabis, including through the use of an electronic smoking device, by a person for whom using medical cannabis is not a crime under California law shall not constitute smoking in a unit of a multi-unit residence under the mandatory clause under subdivision A or the voluntary clause under subdivision B, unless it is separately prohibited under another term of the lease or other rental agreement.

D.    Applications for tenancy shall include information from the landlord regarding Sections 12.70.035 and 12.70.037.

E.    Landlords shall provide written notice to all existing tenants of the requirements of Sections 12.70.035 and 12.70.037 no later than March 1, 2014. (Ord. 7369-NS § 5, 2014: Ord. 7321-NS § 5, 2013)