San Fernando, Cal., Code of Ordinances ch. 24 § 24-4
Required and implied lease terms for all new and existing units in multi-unit housing
Operative Text
(a) After July 7, 2022, every lease or other rental agreement for the occupancy of a unit in a multi-unit housing, entered into, renewed, or continued month-to-month, shall be amended to include the following provisions: (1) A clause providing that as of July 7, 2022, for new units and existing units governed by a new lease, and as of July 7, 2024, for all units, it is a material breach of the agreement to smoke or allow smoking in designated nonsmoking areas and units, including exclusive-use areas such as balconies, porches, or patios. Such clause shall be substantially consistent with the following: "Tenant agrees and acknowledges that the premises to be occupied by tenant and members of tenant's household have been designated as a smoke-free living environment. As of July 7, 2022, for new units and existing units governed by a new lease, or July 7, 2024, for all units, tenant, members of tenant's household, and any guests under control of the tenant will not smoke anywhere: a. In the unit rented by tenant, including any associated balconies, decks, or patios, other than the enclosed areas of a detached unit; or b. In the common areas of the property, other than a designated smoking area. As of July 7, 2027, for all units, tenant, members of tenant's household, and any guests under control of the tenant will not smoke anywhere on the premises. Tenant acknowledges that a breach of the smoke-free policy may render tenant liable to landlord for the costs to repair tenant's unit due to damage from smoke odors or residue. A breach of the smoke-free policy is a breach of the lease and grounds for immediate enforcement action, including potential termination of the lease by the landlord. Tenant will inform tenant's guests of the smoke-free policy. Tenant will also promptly give landlord a written statement of any incident where tenant observes smoking not allowed by this policy or believes smoke is migrating into the tenant's unit from sources outside the tenant's unit." (2) A clause providing that it is a material breach of the agreement for tenant to violate any law regulating smoking while anywhere on the property, or to knowingly and intentionally allow any other person subject to the control of the tenant to engage in such behavior. Such clause shall be substantially consistent with the following: "It is a material breach of this agreement for tenant to violate any law regulating smoking while anywhere on the property. Moreover, it is a material breach of this agreement for tenant to knowingly or intentionally allow any other person subject to the control of the tenant to violate any law regulating smoking while anywhere on the property." (3) A clause expressly conveying third-party beneficiary status to all occupants of the multi-unit housing as to the smoking provisions of the lease or other rental agreement. Such clause shall be substantially consistent with the following: "Tenant agrees that other tenants of the rental community are third-party beneficiaries of tenant's smoke-free policy agreement with landlord. A tenant may sue another tenant for an injunction to prohibit smoking or for damages but does not have the right to evict another tenant. Any lawsuit between tenants does not create a presumption that the landlord breached this lease." (b) Whether or not a landlord complies with subsection (a) above, the clauses required by those subsections shall be implied and incorporated by law into every agreement to which subsection (a) applies as of July 7, 2022, for new units and existing units governed by a new lease, or July 7, 2024 for all units. (c) A tenant who breaches, or knowingly and intentionally allows any other person subject to the control of the tenant to breach, a smoking provision of a lease or other rental agreement for the occupancy of a unit in a multi-unit housing shall be liable for the breach to (i) the landlord; and (ii) any occupant of the multi-unit housing who is exposed to smoke or who suffers damages as a result of the breach. (d) Failure to enforce any smoking provision required by this chapter shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself.
San Fernando Code of Ordinances ch. 24 § 24-4 requires that all leases for multi-unit housing include specific smoke-free clauses, with phased effective dates beginning July 7, 2022, for new units and new leases, July 7, 2024, for all units, and a full premises ban taking effect July 7, 2027. Critically, even if a landlord never adds these clauses to a written lease, the law automatically implies and incorporates them into every covered rental agreement as of those same dates. Tenants who smoke or allow guests to smoke in prohibited areas can be held liable both to the landlord and to neighboring occupants who are exposed to smoke or suffer resulting damages.
Plain English — not legal advice.
Under San Fernando Code of Ordinances ch. 24 § 24-4, compliant operators generally amend all new, renewed, and month-to-month leases to include the three required smoke-free clauses — covering the smoke-free living environment, compliance with smoking laws, and third-party beneficiary rights for other residents. Because the ordinance implies these clauses by law even when omitted, landlords who proactively include them in writing create a clearer record for enforcement purposes, including documentation of any breach that may support lease termination or a damages claim. Operators also typically track the phased compliance dates — 2022, 2024, and 2027 — to ensure lease language reflects the expanding scope of the smoking prohibition across the property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
San Fernando Code of Ordinances ch. 24 § 24-4 gives tenants in multi-unit housing legally implied smoke-free protections even if those protections are not written into their lease, meaning a landlord's failure to include the required clauses does not strip tenants of those rights. Notably, the ordinance grants other residents third-party beneficiary status, which means a tenant harmed by a neighbor's smoking may have the ability to pursue an injunction or damages directly against that neighbor in civil court, independent of any landlord action. Tenants who believe their smoke-free rights under § 24-4 are being violated may consider documenting incidents in writing, notifying the landlord as the ordinance contemplates, and reaching out to a local tenant-rights organization to understand 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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