Carlsbad Multi-Unit Smoking Ordinance

Guidance for Rental Housing Providers

Effective Jan. 1, 2025, the City of Carlsbad bans smoking (including vaping and cannabis) in and around Carlsbad apartment, condos, townhomes and other multiunit homes, except for certain designated outdoor spaces. The law aims to help protect residents from exposure to smoking. More information can be found on the City of Carlsbad Smoke-Free Multiunit Housing webpage.

Key Definitions

“Common area” means every enclosed area and unenclosed area of a multiunit residential development that residents of more than one unit are entitled to enter or use, including entryways, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, pool areas, offices, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.
“Designated smoking area” means an area where smoking is permitted, as designated by a landlord, HOA or other person with legal control of the premises and has been established and maintained in accordance with the provisions of this chapter.
“Enclosed area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.
“Landlord” means any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multiunit residence leased to a residential tenant. For purposes of this ordinance, a tenant who sublets their unit (e.g., a sublessor) is not a landlord.
“Multiunit residential development” means property containing three or more units, including apartment buildings, common interest developments, senior and assisted living facilities, and long-term health care facilities. Multiunit residential developments do not include the following:
- a hotel or motel that meets the requirements of California Civil Code section 1940(b)(2);
- a mobile home park;
- a campground;
- a duplex building designed exclusively for occupancy by two households living independently of each other and containing two units; except if one unit is used as a health care facility subject to licensing requirements;
- a single-family home designed as a free-standing unit which is separated (detached) from any other unit, except if used as a health care facility subject to licensing requirements; and
- a single-family home with an accessory dwelling unit and/or junior accessory dwelling unit permitted pursuant to California Government Code sections 65852.1, 65852.2, or 65852.22 or Section 21.10.030 of this code, except where the accessory dwelling unit or junior accessory dwelling unit is used as a health care facility subject to licensing requirements.
“Smoke” or “smoking” means and includes (1) inhaling, exhaling, or burning, any tobacco, nicotine, cannabis or plant product, or other substance, whether natural or synthetic; (2) carrying any lighted, heated or activated tobacco, nicotine, marijuana, or plant product, or other substance, whether natural or synthetic, intended for inhalation; or (3) using an “electronic smoking device.”
For more definitions, click here.

Mandatory Resident Notification

The following requirements apply to multiunit residential developments, other than units in a common interest development that are not being rented:

On or before January 1, 2025, every landlord shall deliver to each unit a written notice clearly stating:
- All new units and existing units governed by a new lease or other rental agreement are designated nonsmoking units and smoking is prohibited in a unit, including any associated private balcony, porch, deck, or patio, as of January 1, 2025; and
- Smoking in all common areas or outdoor areas except for specifically designated smoking areas, is prohibited as of January 1, 2025.
- Sample Letter from the City of Carlsbad
- City of Carlsbad Information Flyer
As of January 1, 2025, the person or persons with legal control over common areas shall post and maintain clear and unambiguous “No Smoking” signs at entrances and exits, in sufficient numbers and locations in common areas, and in conspicuous places adjoining the property grounds to make it obvious to a reasonable person that smoking is prohibited. The absence of signs shall not be a defense to a violation of any provision of this chapter. “No Smoking” signs are not required inside or on doorways of units.
- Sample Signs from City of Carlsbad.
Landlords with knowledge of violations shall take reasonable steps to investigate and enforce the regulations, including a written notice to the resident of the landlord’s knowledge of the violation, a request to cease the violation, and the course of action to be taken if the violation is not corrected, including but not limited to eviction for failure to cease smoking on the property. The landlord shall also distribute resources provided for free by the city to assist with nicotine dependence, such as referrals to a quitline or online resources.

Rental Agreement/Lease Requirements

Effective January 1, 2025, every lease or other rental agreement for the occupancy of a unit in a multiunit residential development entered into, renewed, or continued month-to-month shall include the following provisions:

A clause providing that it is a material breach of the agreement for the tenant to knowingly and intentionally allow, or engage in, smoking in the unit, including exclusive-use areas such as balconies, porches, or patios. The clause shall be substantially similar to the following:
- It is a material breach of this agreement for tenant to engage in smoking in the unit or exclusive use areas such as balconies, porches, or patios. 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 engage in smoking in the unit or exclusive use areas such as balconies, porches, or patios.
A clause providing that it is a material breach of the agreement for tenant to knowingly and intentionally allow, or engage in, smoking in any common area of the multiunit residence, including entryways, playgrounds, pool areas, walking paths, or sitting areas, except in an outdoor designated smoking area. The clause shall be substantially similar to the following:
- It is a material breach of this agreement for tenant to engage in smoking in any common area of the property, including entryways, playgrounds, pool areas, walking paths, or sitting areas, except in an outdoor designated smoking area, if one exists. In addition, 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 engage in smoking in any common area of the property, including entryways, playgrounds, pool areas, walking paths, or sitting areas, except in an outdoor designated smoking area, if one exists.
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 allow any other person subject to the control of the tenant to engage in such behavior. The clause shall be substantially similar to 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. Tenant will inform tenant’s guests and/or subleases of the non-smoking 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. Violation of the above is just cause for the landlord to refuse to renew a lease for another lease term or to terminate tenancy. Landlord shall first provide an opportunity to the tenant to cure the violation, then may issue a notice of non-renewal or to terminate tenancy for a subsequent violation.
A clause expressly conveying third-party beneficiary status to all occupants of the multiunit residential development as to the smoking provisions of the lease or other rental agreement. The clause shall be substantially similar to the following:
- Other occupants of the property are express third-party beneficiaries of the provisions in this agreement regarding smoking. As third-party beneficiaries, other occupants of the property may enforce the smoking provisions by any lawful means, including by bringing a civil action in a court of law against the tenant or occupant smoking or the person knowingly or intentionally allowing any other person subject to the control of the tenant to violate any law regulating smoking while anywhere on the property. This provision does not create a private right of action for a tenant or occupant against the landlord for any damages the tenant or occupant may suffer due to another tenant’s breach of any smoking provision.

SCRHA has created an addendum for members, #251C: Non-Smoking Areas Addendum.

Enforcement

Rental housing providers much take reasonable steps to investigate and enforce the regulations when violations of the ordinance occur, including a written notice to the resident to document knowledge of the violation, a request to cease the violation, and the course of action to be taken. This could necessitate termination of tenancy or eviction after opportunities to cure violations have been issued. Consult with your attorney before pursuing legal action.