8.04.085 Required lease terms.
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 after September 2, 2010, shall include the provisions set forth in subsection B of this section on the earliest possible date when such an amendment is allowable by law when providing the minimum legal notice.
B. 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 after September 2, 2010, shall be amended to include the following provisions:
1. A clause stating that as of November 2, 2011, it is a material breach of the agreement to allow or engage in smoking in the unit. 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 engage in smoking in the unit as of November 2, 2011.”
2. A clause stating that it is a material breach of the 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 engage in smoking in any multi-unit residence common area of the property other than a designated smoking area. 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 engage in smoking in any common area of the property, except in an outdoor designated smoking area, if one exists.”
3. A clause stating 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 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.”
4. A clause expressly conveying third-party beneficiary status to all occupants of the multi-unit residence as to the smoking provisions of the agreement. Such a 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 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. The clauses required by subsections A and B of this section shall be implied and incorporated by law into every agreement for the occupancy of a unit in a multi-unit residence to which subsections A and B of this section apply and shall become effective as of the earliest possible date on which they could have been included pursuant to subsections A and B of this section.
D. A tenant who breaches a smoking provision of a lease or other rental agreement for the occupancy of a unit in a multi-unit residence, 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. Person with legal control over the unit in the multi-unit residence, such as a landlord; and
2. Any occupant of the multi-unit residence who is exposed to smoke or who suffers damages as a result of that breach.
E. This chapter shall not create additional liability in a person with legal control over the unit in the multi-unit residence, such as 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 person with legal control over the unit in the multi-unit residence, such as a landlord, has fully complied with subsections A and B of this section.
F. Failure to enforce any smoking provisions of a lease or rental agreement on one or more occasions shall not constitute a waiver of the lease or rental agreement provisions required by this chapter and shall not prevent future enforcement of any such smoking provisions on another occasion.