Changes in smoking policy

[ramjet430]

What is the name of your state (only U.S. law)? CALIFORNIA. This evening, our apartment manager knocked on our door and told us that we could no longer smoke on our balcony or in the alley (by the way, half of the alley is city property). They also stated that they are meeting with the owners to discuss making the entire building non smoking. We have lived here almost 3 years. We signed an initial 1 year lease that renewed on a month to month after the first year. Up until now, we only smoke in the alley, occasionaly on the balcony and in one room in our apartment. They have ashtrays around the pool that some people use.

My question is - Can they change the building (inside and out) to non smoking without our approval or a new lease? What kind of warning do they have to give us?

Thank you

 

[justalayman]

Yes, they can change it without your approval. If you don't like the new rules, you are welcome to find housing elsewhere.

required time of notice; not sure but likely 1 month or so (the period of time of the existing rental agreement).

 

[sandyclaus]

What is the name of your state (only U.S. law)? CALIFORNIA. This evening, our apartment manager knocked on our door and told us that we could no longer smoke on our balcony or in the alley (by the way, half of the alley is city property). They also stated that they are meeting with the owners to discuss making the entire building non smoking. We have lived here almost 3 years. We signed an initial 1 year lease that renewed on a month to month after the first year. Up until now, we only smoke in the alley, occasionaly on the balcony and in one room in our apartment. They have ashtrays around the pool that some people use.

My question is - Can they change the building (inside and out) to non smoking without our approval or a new lease? What kind of warning do they have to give us?

Thank you

If you are on a fixed term lease, they cannot change what your lease terms dictate until the end of the lease.

If you are a month-to-month tenant now, then they can change the rules with 30 days WRITTEN notice of a change in terms, after which if you do not comply, you can be evicted for violation of the rental agreement.