Tenant Smoking Regulations

Summary

Landlords in California can prohibit smoking in residential units and common areas. If smoking affects your enjoyment of your unit, you can request a reasonable accommodation. If the landlord does not act, consider contacting a tenants rights organization or a legal professional.

Full Conversation

Tenants in multiple unit apartments smoking laws
Hello **** Lee,
Could you please specify your location? Smoking laws can vary greatly depending on your region.
Oakdale California
Hello **** Lee, in California:
- Landlords can prohibit smoking in residential units, common areas, and outdoor areas.
- Oakdale specifically has no local ordinance, so state laws apply.
- A designated smoking area may be specified by the landlord.
These laws can help protect your rights as a tenant.
The landlord won't designate a smoking area other then are porch me and a neighbor share .they smoke * feet from my door and windows
Hello **** Lee, according to California law:
- A landlord may designate a certain area for smoking.
- If smoking is affecting your enjoyment of your unit, you could request a reasonable accommodation based on health reasons.
Consider discussing this with your landlord or seeking legal advice.
I've already asked the landlord to move the smoking area from the porch but got nowhere.
Hello **** Lee, you have the option of sending a written request to your landlord. If no action is taken, consider contacting a local tenants' rights organization or a legal professional. You also have the right to withhold rent until the issue is resolved, but you should seek legal advice before doing this.