Friday, March 16, 2012
Senate Bill 332
Under Senate Bill 332 landlords of residential properties may ban the smoking of tobacco products as of January 1, 2012. Landlords have the authority to put restrictions in new leases specifying the areas on their property where smoking is prohibited.
If a lease was signed before January 1st and the landlord now wants to ban smoking, it would be a chnage in the terms of the lease. In a month-to-month tenancy, 30 days' written notice is required. In longer term tenancy, the parties will need to enter into a new agreement when the existing agreement expires or they must modify the existing agreement. For the modification to be enforceable, the landlord will need to provide some sort of consideration to the tenant in exchange for the loss of smoking privileges.
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