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Item #16 - Restrictions on Smoking at Townhomes, Condominiums and Buildings with Three of More <br />Attached Units <br />December 7,2021 <br />Page 2 ol 2 <br />9.27.035 Required and implied Iease terms. <br />A. Every lease or other rental agreement for the occupancy of a Unit on a Subject <br />Property entered into, renewed, or continued month-to-month shall include the following <br />1. A provision stating in substance that it is a material breach of the rental <br />agreement for the tenant, or any other Person subject to the control of the tenant <br />or present by invitation or permission of the tenant, to Smoke in a Nonsmoking <br />Area. <br />2. A clear description of all areas on the Subject Property and leased Unit where <br />Smoking is allowed or prohibited. <br />B. Whether or not a Landlord complies with subsection A of this section, the provisions <br />required by that subsection shall be implied and incorporated by law into every rental <br />agreement to which subsection A of this section applies and shall become effective as of <br />the earliest possible date on which the Landlord could have made the insertions pursuant <br />to subsection A of this section. <br />1. This chapter shall not create liability in a Landlord to any Person for a tenant's <br />breach of any Smoking provision in a rental agreement for the occupancy of the <br />Unit on the Subject Property if the tandlerd has fully eemplied with subseetien A <br />ef this seetien. <br />C. A tenant who breaches the Smoking regulations of a rental agreement or knowingly <br />allows another Person to do so shall be liable to the Landlord and any Person on the <br />Subject Property who is exposed to secondhand Smoke as a result of that breach. <br />il