8.18.060 Required lease terms for all new and existing units in a Rental Complex.
A. Every lease or other rental agreement for the occupancy of a new or existing unit in a Rental Complex entered into, renewed, or continued month-to-month after November 9, 2016, shall be amended to include the following provisions while providing the minimum legal notice.
1. For existing and new Units:
a. Existing: A clause providing that as of November 9, 2017, it is a material breach of the agreement to allow or engage in Smoking in the unit. Such a clause shall substantially 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 engage in Smoking in the Unit as of November 9, 2017.”
b. New: A clause providing that as of November 9, 2016, it is a material breach of the agreement to allow or engage in Smoking in the Unit. Such a clause shall substantially 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 engage in Smoking in the Unit as of November 9, 2016.”
2. 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 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 a clause shall substantially 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 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 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 a clause shall substantially 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.”
4. A clause expressly conveying third-party beneficiary status to all occupants of the Rental Complex as to the Smoking provisions of the agreement. Such clause might state, “Other occupants of the property are express third-party beneficiaries of those provisions in this agreement that concern Smoking. As such, other occupants may seek to enforce such provisions by any lawful means, including by bringing a civil action in a court of law.”
B. This Chapter 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 Multi-Unit Residence if the Landlord has fully complied with this Section.
C. 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. 2016-6 § 3, 2016.)