A. Every lease or other rental agreement for the occupancy of a unit in a rental complex, including new units and existing units, entered into, renewed, or continued month-to-month after November 26, 2014, shall include the provisions set forth in Section 9.11.235
.B below on the earliest possible date such lease or other rental agreement may be amended in accordance with applicable law, including providing the minimum legal notice.
B. Every lease or other rental agreement for the occupancy of a unit in a rental complex, including new units and existing units, entered into, renewed, or continued month-to-month after November 26, 2014, shall be amended to include the following provisions:
1. A clause providing that as of May 26, 2016, or an earlier date if the landlord so determines, it is a material breach of the lease or other rental agreement to allow or engage in smoking in the unit. Such clause shall be substantially consistent with the following: "It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in the unit as of May 26, 2016 [or an earlier date if the Landlord so determines]."
2. A clause providing that it is a material breach of the lease or other rental agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in any common area of the property other than a designated smoking area. Such clause shall be substantially consistent with the following: "It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in any common area of the property, except in an outdoor designated smoking area, if one exists."
3. A clause providing that it is a material breach of the lease or other rental agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property. Such clause shall be substantially consistent with the following: "It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property."
4. A clause expressly conveying third-party beneficiary status to all occupants of the rental complex as to the smoking provisions of the lease or other rental agreement. Such clause shall be substantially consistent with the following: "Other occupants of the property are express third-party beneficiaries of those provisions in this agreement that concern smoking. As such, other occupants of the property may seek to enforce such provisions by any lawful means, including by bringing a civil action in a court of law."
C. Whether or not a landlord complies with Sections 9.11.235
.A and 9.11.235
.B above, the clauses required by those subsections shall be implied and incorporated by law into every lease or other rental agreement to which Sections 9.11.235
.A and 9.11.235
.B apply and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to Sections 9.11.235
.A and 9.11.235
.B.
D. A tenant who breaches a smoking provision of a lease or other rental agreement for the occupancy of a unit in a rental complex, or who knowingly permits any other person subject to the control of the tenant or present by invitation or permission of the tenant, shall be liable for the breach to:
1. The landlord; and
2. Any occupant of the rental complex who is exposed to smoke or who suffers damages as a result of the breach.
E. This Subchapter shall not create additional liability in a landlord to any person for a tenant's breach of any smoking provision in a lease or other rental agreement for the occupancy of a unit in a rental complex if the landlord has fully complied with this Section and Section 9.11.230
.
F. Failure to enforce any smoking provision required by this Subchapter 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.
(Ord. No. 2014-006 § 1)