Smoking and Vaping Clauses in California Rentals

California Civil Code § 1947.5 lets a landlord prohibit smoking anywhere on the property, including inside the unit, and "smoking" there includes vaping. If smoking is banned on any part of the property, every lease entered into on or after January 1, 2012 with a new occupant must say which areas are no-smoking. A ban added to a lease signed before 2012 is a change in the terms of tenancy that needs written notice, and cannabis is covered by separate Health and Safety Code sections.

The short version

• A landlord "may prohibit" smoking of cigarettes and other tobacco products on the property, in any building, including any dwelling unit, and in other interior or exterior areas (§ 1947.5(a)).
• Leases entered into on or after January 1, 2012 must specify the areas where smoking is prohibited, if the tenant has not previously occupied the unit (§ 1947.5(b)(1)).
• For a lease entered into before January 1, 2012, a new ban is a change of terms requiring adequate written notice given as Civil Code § 827 provides (§ 1947.5(b)(2)).
• Vaping counts: "smoking" includes the use of an electronic smoking device (B&P Code § 22950.5(c)).
• Cannabis: adult-use law does not limit a private owner's ability to prohibit or restrict cannabis use on privately owned property (HSC § 11362.45(h)), and it does not permit smoking cannabis where tobacco smoking is prohibited (HSC § 11362.3(a)(2)).
• Local smoking ordinances are not preempted (§ 1947.5(d)). Check your city's code.

What the law allows, and what it requires

Section 1947.5 is permissive: it lets an owner adopt a smoking ban but does not require one. Once an owner bans smoking on any portion of the property, though, the lease has to name the no-smoking areas for every new occupant whose lease was entered into on or after January 1, 2012. The required lease disclosures page lists this alongside the other conditional disclosures.

The definitions are broad. Under § 1947.5(f) and (g), "smoking" has the meaning in Business and Professions Code § 22950.5(c), which "includes the use of an electronic smoking device that creates an aerosol or vapor," and "tobacco product" under § 22950.5(d) includes electronic devices that deliver nicotine or other vaporized liquids, such as e-cigarettes and hookahs. A clause that says only "no smoking" already reaches vaping under the statute, but naming e-cigarettes and vaping devices in the lease avoids arguments.

Cannabis in the clause

Two Health and Safety Code provisions matter:

• HSC § 11362.45(h) says the adult-use statute does not restrict "the ability of an individual or private entity to prohibit or restrict" the conduct it permits "on the individual's or entity's privately owned property." The section does not use the words "landlord" or "lease," so how it applies to a tenant's own unit is a question for counsel.
• HSC § 11362.3(a)(2) says adult-use law does not permit anyone to "smoke cannabis or cannabis products in a location where smoking tobacco is prohibited," and "smoke" includes electronic smoking devices.

Medical cannabis is carved out separately in § 11362.45(i). Whether a landlord may ban medical cannabis use is not settled by the sections covered here, so do not write a medical cannabis ban without counsel. A tenant who asks for an exception to any rule because of a disability is making a reasonable accommodation request, which the owner must consider; see reasonable accommodation requests.

What the clause should cover

Adding a ban to an existing tenancy

1. Check the lease date. For a lease entered into before January 1, 2012, § 1947.5(b)(2) makes a ban where smoking was previously permitted "a change of the terms of tenancy, requiring adequate notice in writing," given as § 827 provides.
2. Check later leases too. Section 1947.5(c) says an owner adopting a ban is subject to federal, state and local rules on changing terms for existing tenants. The section does not spell out how that works for a fixed-term lease signed after 2012 that allowed smoking, so ask counsel before changing one mid-term.
3. Give written notice that names the areas and products and the date the ban starts. The rent increase notices page notes the same § 827 point.
4. Update the lease at the next renewal so the no-smoking areas appear in the agreement itself.
5. Apply it to everyone on the property on the same terms.

Enforcing a smoking clause

Start with a written reminder, keep dated notes of complaints, and stay consistent. Under Civil Code § 1940.2(c), a good-faith oral or written warning about a lease violation is not a violation of the anti-harassment rule in that section. If the tenancy is covered by just-cause rules, breach of a material lease term is an at-fault just cause under § 1946.2(b)(1)(B), and § 1946.2(c) requires a notice with a chance to cure before a notice to quit for a curable violation. Ending a tenancy is a step to take only with counsel; the termination notices and handling lease violations pages explain the order of notices.

For the owner's general repair duties, which a smoking clause does not change, see habitability and repairs.

Clause mistakes to avoid

• Banning smoking "on the property" without naming the specific areas, as § 1947.5(b)(1) requires for newer leases.
• Leaving out vaping or cannabis, then arguing about whether they are covered.
• Adding a ban to an older tenancy without written notice.
• Writing a blanket ban on medical cannabis use without legal advice.
• Charging a flat "smoking fee" at move-out instead of documenting actual cleaning or repair costs.
• Enforcing the rule against some tenants and not others.

For owners

Decide the scope before you list, name every no-smoking area in the lease, and include vaping and cannabis. Keep move-in and move-out photos so any deduction ties back to documented cleaning or repairs. Check your city's code and your HOA's rules for stricter limits.

For renters

Read the no-smoking areas in the lease, including balconies, patios and parking areas, and tell your guests. If you have a disability-related need connected to the rule, ask the owner in writing for an accommodation. If an owner adds a ban during your tenancy, you are entitled to written notice in the cases § 1947.5 describes.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration rules, and § 1947.5(d) leaves local smoking ordinances in place; check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents).

Frequently asked questions

Can a California landlord ban smoking inside a tenant's unit?

Yes. Civil Code § 1947.5(a) lets a landlord prohibit smoking on the property or in any building or portion of the building, "including any dwelling unit." For leases entered into on or after January 1, 2012, the lease must specify the no-smoking areas for a tenant who has not previously occupied the unit.

Does a California no-smoking clause cover vaping?

Yes. Section 1947.5 uses the definition of smoking in Business and Professions Code § 22950.5(c), which includes the use of an electronic smoking device that creates an aerosol or vapor. Naming vaping devices in the lease still helps avoid arguments.

Can a landlord ban cannabis smoking?

Adult-use cannabis law does not limit a private owner's ability to prohibit or restrict cannabis use on privately owned property (HSC § 11362.45(h)), and it does not permit smoking cannabis where tobacco smoking is prohibited (HSC § 11362.3(a)(2)). Medical cannabis is treated separately, so ask counsel before banning medical use.

Can a landlord add a smoking ban to an existing lease?

For a lease entered into before January 1, 2012, a new ban where smoking was allowed is a change in the terms of tenancy requiring adequate written notice under § 827 (§ 1947.5(b)(2)). For later leases, § 1947.5(c) points to the general rules on changing terms for existing tenants, so get advice before changing a fixed-term lease mid-term.

Can a landlord charge a smoking fee at move-out?

The deposit may be used only for amounts reasonably necessary for the purposes listed in Civil Code § 1950.5(b), including cleaning the unit back to its move-in level. Document actual cleaning and repair costs with photos and receipts rather than charging a flat fee.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

Sources

• Civil Code § 1947.5 (opens in a new tab)
• Business and Professions Code § 22950.5 (opens in a new tab)
• Health and Safety Code § 11362.45 (opens in a new tab)
• Health and Safety Code § 11362.3 (opens in a new tab)
• Civil Code § 827 (opens in a new tab)
• Civil Code § 1946.2 (opens in a new tab)
• Civil Code § 1940.2 (opens in a new tab)
• Civil Code § 1950.5 (opens in a new tab)

Verified October 19, 2026.