How do I handle tenant smoking on a no-smoking lease?

Document evidence (smell reports from neighbors, ash/butts, smoke marks). Issue a written warning citing the §1947.5 smoking policy and the lease no-smoking clause. If continues, 3-day cure or quit. Damage chargeable at move-out through deposit deduction.

Written complaints from neighbors, photos of ash/butts in common areas, smoke residue on walls/ceilings, contractor reports on smoke damage. Olfactory evidence alone is weak; build a documented record.

Does smoking cannabis count?

Yes if the lease prohibits smoking. The §1947.5 smoking-policy disclosure and lease no-smoking clause typically cover combustion products generally. Prop 64 doesn't override a no-smoking lease provision.

Can I recover smoke damage at move-out?

Yes. Document the damage in the move-out inspection, get contractor estimates for cleaning/repainting/HVAC remediation, deduct from deposit with itemized statement under §1950.5. Excess pursued separately.

What about ESA / medical marijuana?

Disability-related accommodation analysis applies if the tenant raises it. Medical cannabis is generally not a federally-protected accommodation. California state framework permits medical use but the lease no-smoking clause is still typically enforceable. Consult counsel before a UD on a medical-cannabis-related case.

§1947.5 disclosure · Cure or quit

Tenant smoking on a no-smoking lease. Document, warn, escalate, recover.

Civil Code §1947.5 requires the smoking-policy disclosure. The lease clause is the enforcement tool. Cure or quit if behavior continues. Smoke damage chargeable at move-out.

TL;DR

Document with photos and neighbor complaints. Written warning citing §1947.5 + lease no-smoking clause. Cure or quit if continues. Smoke damage chargeable to deposit at move-out. Cannabis included if lease covers combustion generally.

Procedural path

Document — neighbor complaints, photos, smoke residue, smell reports.
Written warning citing §1947.5 and the lease clause.
3-day cure or quit if behavior continues.
UD on lease-violation just cause if not cured.
Move-out: document smoke damage; itemized deduction under §1950.5.

Common questions — smoking violation

Procedural path?

Document → warn → cure or quit → UD if not cured.

Evidence?

Neighbor complaints, photos, ash, smoke residue.

Cannabis count?

Yes if lease covers smoking generally.

Damage recovery?

§1950.5 deposit deduction at move-out.

Medical cannabis?

State framework permits use but lease no-smoking clause typically enforceable. Consult counsel.