Belmont, Cal., Code of Ordinances ch. 20.5 § 20.5-5
Required lease terms
Operative Text
(a) For legal occupants on the effective date of this chapter, lease or rental agreement renewals for the occupancy of a unit in a multi-unit residence in which smoking is prohibited shall include: (1) A clause stating that smoking is prohibited in the unit if the unit has been designated as a non-smoking unit; (2) A clause stating that it is a material breach of the lease or agreement to (i) violate any law regulating smoking while on the premises; (ii) smoke in violation of a non-smoking lease term, such as smoking in a non-smoking unit; or (iii) smoke in any multi-unit residence common area in which smoking is prohibited by the landlord; and (3) A clause stating that all lawful occupants of the multi-unit residence are express third-party beneficiaries of the above required clauses. (4) A clause stating that terms (1)--(3) become effective fourteen (14) months after the effective date of this chapter, unless the landlord specifies an earlier effective date; (b) For new tenants not in occupancy on the effective date of this chapter, every lease or other rental agreement for the occupancy of a unit in a multi-unit residence in which smoking is prohibited shall include: (1) A clause stating that smoking is prohibited in the unit if the unit has been designated as a non-smoking unit; (2) A clause stating that it is a material breach of the lease or agreement to (i) violate any law regulating smoking while on the premises; (ii) smoke in violation of a non-smoking lease term, such as smoking in a non-smoking unit; or (iii) smoke in any multi-unit residence common area in which smoking is prohibited by the landlord; and (3) A clause stating that all lawful occupants of the multi-unit residence are express third-party beneficiaries of the above required clauses. (c) The lease or agreement terms required by subsection (a) or (b) are hereby incorporated by force of law into any lease or other agreement for the occupancy of a unit in a multi-unit residence made on or after the effective date of the ordinance which adopted this section and which does not fully comply with subsection (a) or (b). (d) A tenant who breaches the smoking regulations of a lease or knowingly allows another person to do so shall be liable to: (i) the landlord; and (ii) to any lawful occupant of the multi-unit residence who is exposed to secondhand smoke as a result of that breach. A landlord shall not be liable to any person for a tenant's breach of smoking regulations if the landlord has fully complied with subsection (a). (e) Failure to enforce any smoking regulation of a lease or agreement on one or more occasions shall not constitute a waiver of the lease or agreement provisions required by this ordinance and shall not prevent future enforcement of any such smoking regulation on another occasion.
Belmont Code of Ordinances ch. 20.5 § 20.5-5 requires that leases and rental agreements for units in multi-unit residences where smoking is prohibited include specific clauses: one designating the unit as non-smoking (if applicable), one declaring smoking violations a material breach of the lease, and one making all lawful occupants express third-party beneficiaries of those clauses. These terms apply to lease renewals for existing tenants and to all new leases for incoming tenants, and are automatically incorporated by law into any qualifying agreement that omits them. A tenant who violates the smoking terms—or knowingly allows someone else to—can be held liable to both the landlord and any neighbor exposed to secondhand smoke as a result.
Plain English — not legal advice.
Under Belmont Code of Ordinances ch. 20.5 § 20.5-5, compliant operators of multi-unit residences generally ensure that every lease renewal (for existing tenants) and every new lease (for incoming tenants) contains the three required smoking clauses covering unit-level prohibitions, material breach language, and third-party beneficiary status for all lawful occupants. Landlords who fully comply with subsection (a) are shielded from personal liability for a tenant's smoking violations. Importantly, choosing not to enforce a smoking clause on one occasion does not waive the right to enforce it in the future, so operators can maintain consistent policies without fear that prior inaction undermines the lease terms.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Belmont Code of Ordinances ch. 20.5 § 20.5-5 gives all lawful occupants of a qualifying multi-unit residence the status of express third-party beneficiaries of the required smoking clauses, meaning neighbors—not just the landlord—have standing to assert rights under those provisions. If a fellow occupant's smoking violates the lease terms and exposes others to secondhand smoke, the breaching tenant can be held liable directly to affected neighbors as well as to the landlord. Tenants who believe their rights under this provision are being violated may consider documenting incidents, raising the issue with their landlord in writing, or consulting a local tenant-rights organization familiar with Belmont's ordinances for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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