Quiet Enjoyment Are these changes a breach in contract?

[crystalj0831]

In March I signed a year lease. In this lease it does not specify anything about smoking or dogs. However, shortly after moving in, the resident manager changed. Since then, every other week we recieve notices of rule changes. First, it was smoking could not be done outside of your door you had to go down to the center court yard or front steps. Then there was a notice that you could not smoke inside your appartment. Just prior to this notice we recieved a 30 day notice about illegal drugs because of the marijuana smell. My husband is a medical marijuana patient, and did not smoke in the apartment, it was the other tenants a floor above us. After providing the management with the paper work things were fine. And then the other notice about no smoking in side was allowed. My husband contacted the management office because of his condition and he was told that he could smoke in the center court yard. However we recently found out that he could be charged with a felony if he is there smoking and there is a child within a 100 ft of him.

Can they do this after signing a lease? Shouldn't the restrictions on smoking have been in our lease and not just a notice sent around afterwards?

 

[jharris352]

I don't have California specific knowledge and you guys tend to have quirky laws so I hope someone from California answers too. However, any restriction of your quiet enjoyment of the property that is not outlined in the lease is not enforceable. Be careful that you didn't miss some reference to rules, but I can't imagine they can regulate what happens inside your apartment if it is not in the lease.