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As a general rule, property owners are permitted to impose
restrictions on their tenants unless those restrictions violate
existing laws or are discriminatory. A smokefree policy is no
different than a no-pet, no loud music, or any other policy that
protects other tenant's well-being or the landlord's property.
Common law generally affords the owner with a right (and in some
cases, obligation) to protect other tenants and the owner's own
property.
David Ezra, Attorney-at-Law, Orange County
If you decide to adopt a smokefree policy for your apartment
building, be assured that this is not prohibited by law. A smokefree
policy remains part of the inherent rights of one who owns property,
and should be viewed as preserving the value of your property
and a protection of your tenants (residents).
Jay R. Petterson, Los Angeles County Real Estate Attorney
and former
U.S. Magistrate Judge
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