8.20.080 Required and implied lease terms for all new and existing rental units in duplexes and multifamily residences.
A. Every lease or other rental agreement for the occupancy of a new unit in a duplex or multifamily residence entered into, renewed, or continued month-to-month after August 1, 2013, and in an existing unit in a duplex or multifamily unit entered into, renewed or continued month-to-month after January 1, 2014, shall include the terms that provide as follows, on the earliest possible date when such an amendment is allowable by law when providing the minimum legal notice.
1. As of August 1, 2013, for new units and as of January 1, 2014, for existing units, it is a material breach of the agreement to allow or engage in smoking in the unit, including exclusive-use areas such as balconies, porches and patios. 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, including exclusive use areas such as balconies, porches and patios, [as of August 1, 2013 [for new units] or as of January 1, 2014 [for existing units].]"
2. 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 in a designated outdoor 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. It is a material breach of the agreement for new units entered into, renewed or continued month-to-month after August 1, 2013, or for existing units entered into, renewed or continued month-to-month after January 1, 2014, 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. All occupants of a multifamily residence shall be third-party beneficiaries of the smoking provisions of the agreement. Such a clause might state:
"Other occupants of the property are 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."
B. Whether or not a landlord complies with subsections (A)(1) through (A)(3) of this section, the clauses required by those subsections shall be incorporated by operation of law into every agreement to which subsections (A)(1) through (A)(3) of this section apply and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to subsections (A)(1) through (A)(3) of this section.
C. A tenant who breaches a smoking provision of a lease or other rental agreement for the occupancy of a unit in a duplex or multifamily 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. The landlord; and
2. Any occupant of the premises who is exposed to smoke or who suffers damages as a result of the breach.
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. 2449 NCS §1 (part), 2013.)