Legal Question in Landlord & Tenant Law in California

After living in my apartment complex for 5 years as a smoker, today I got a notice giving me 60 days to decide if I will sign a non-smoking agreement or give 30 day notice...is this legal in California?


Asked on 9/22/14, 1:17 pm

2 Answers from Attorneys

For a number of years now California law has allowed apartment owners to designate a complex as smoke-free. Under long standing California law, a landlord can terminate or revise the terms of a tenancy at the end of a lease term and commencement of a new lease, or on proper notice if the tenancy is month-to-month. Proper notice is 30-days if the tenant has occupied the unit for less than a year, and 60-days if more than a year. So, yes, what you describe sounds perfectly legal.

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Answered on 9/22/14, 1:45 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick.

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Answered on 9/23/14, 6:19 am


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