(a) Every lease or other rental agreement for the occupancy of a unit in a multi-unit residence, entered into, renewed, or continued month-to- month, effective January 1, 2018 shall include the following:
(1) A clause stating that smoking is prohibited in the unit, including exclusive-use areas such as balconies, porches, or patios.
a. A clause providing that it is a material breach of the lease or agreement for the tenant, or any other person subject to the control of the tenant or present by invitation or permission of the tenant, to (i) smoke in any common area of the property other than a designated smoking area; (ii) smoke in the unit, or (iii) violate any law regulating smoking anywhere on the property.
b. A clause providing that it is a material breach of the agreement for tenant or any other person subject to the control of the tenant to violate any law regulating smoking while anywhere on the property. Such a clause might state, "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."
(2) A clear description of all areas on the property and in the buffer zone where smoking is allowed or prohibited.
(3) A clause expressly conveying third-party beneficiary status to all occupants of the multi-unit residence as to the smoking provisions of the lease or other rental agreement. Such a clause shall provide that any tenant of the multi-unit residence may sue another tenant/owner to enforce the smoking provisions of the agreement but that no tenant shall have the right to evict another tenant for a breach of the smoking provisions of the agreement.
(b) Whether or not a landlord complies with subsection (a) above, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which subsection (a) applies and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to subsection (a).
(c) This chapter shall not create additional liability for 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 multi-unit residence if the landlord has fully complied with this section.
(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.
(Ord. 5405 § 2 (part), 2017)