Project Updates
Renters and Landlords Agree – Renters Should Know About Thirdhand Smoke Residue in Rental Units
SAN DIEGO, CA – August 29, 2025 – California’s required landlord disclosures in lease agreements do not inform potential tenants about thirdhand smoke residue. Survey results in a new report from the Policy Research Center for Tobacco and the Environment show that California renters and landlords support requiring landlords to disclose if previous tenants smoked or vaped in a rental unit.
Click here to read our new report with English and Spanish infographics.
Background
Tobacco smoke residue, also known as “thirdhand smoke,” is the toxic chemical residue that is left behind on furniture and in building materials long after smoking has stopped. It contains over 25 chemicals listed in California’s Proposition 65 that are known to cause cancer or reproductive harm. This residue can embed into flooring, walls, and insulation and re-emit into the air for years after smoking has stopped.
In multiunit housing, the risk of exposure to second- and thirdhand smoke is higher than single single-family homes due to various factors. Apartments and condos often have high turnover rates, typically offer shorter-term leases, may permit smoking in individual units, and maintain high percentages of shared air in units due to communal air ducts and hallways. Secondhand smoke can enter non-smoking units through air ducts, doors, windows, and even through walls.
Thirdhand smoke buildup can result from previous tenants smoking in the unit or from secondhand smoke that enters from outside the unit. Because thirdhand smoke can persist for years after smoking stops, contains toxic chemicals, and may require significant renovation to remove, it can create serious health and financial risks.
Key Findings
In California, landlords are required to disclose certain hazardous substances and living conditions to potential tenants in writing, such as periodic pest control treatment and Proposition 65 pollutants. Some substances and conditions may require remediation before renting the unit, in addition to notifying the tenant, for example, about the presence of bed bugs, lead paint, or methamphetamine contamination.
*To see the full table of all required disclosures, see page 4 of the report.
Results from a survey of over 2,300 California residents showed that 90% of renters and 88% of landlords agree that renters should be informed if an apartment or condo they are considering renting is polluted with thirdhand smoke.
When asked if landlords should be required to disclose that a previous resident smoked in the rental unit, 83% of renters and 80% of landlords agreed.
As a public health equity issue, people living in multi-unit housing may be unable to afford the health costs associated with exposure to second- and thirdhand smoke, and they may be unable to move even if living conditions become unbearable. Smokefree policies in multiunit housing alone are not sufficient to protect tenants, as they do not address the thirdhand smoke that accumulates before a policy takes effect. Disclosure before the lease is signed would serve the important role of increasing transparency and helping renters make a more informed decision when choosing a new home.
Data analysis of the survey results is in progress.
- Of more than 2,300 California adults who participated…
- Participants ranged from 18 to 86 years old.
- Participants lived in 366 different California cities.
- 246 participants lived in San Diego County.
We have reviewed existing disclosure requirements for lease agreements in California.
We have completed a survey of over 2,300 California adults.
- We asked about:
- Their experiences with smoking policies as a renter, homeowner, and/or landlord.
- Their opinion on requiring disclosure of thirdhand smoke in lease agreements.
- Their knowledge and attitudes towards thirdhand smoke.
- Their demographics, residence type, and smoking behaviors.
We are beginning to analyze the survey responses.
People who rent can face issues with thirdhand smoke if they do not know if previous residents smoked. In fact, renters may struggle even more than homeowners because units tend to have higher turnover of residents and more people around in neighboring units. Like with home agreements, the State of California does not require property managers to share with potential tenants if previous or neighboring tenants have smoked in rental units. The Center hopes to get this disclosure to become mandatory.
We will conduct three Rapid Response Projects to answer these questions:
1. What are stakeholders’ thoughts on second- and thirdhand smoke disclosure?
We will interview property managers, local trade groups, and City Council members.
2. What do residents think about second- and thirdhand smoke?
We will survey San Diego County residents and interview representatives for tenant/housing advocacy groups.
3. What are examples of effective disclosure policies?
We will review disclosure documents from other jurisdictions and interview people who have used it. We will work with the Public Health Law Center to develop model language for a disclosure policy.
Deliverables:
- Infographic presentations of survey and interview results
- Presentations for management and homeowners’ associations, tenant/housing advocacy groups, and trade organizations
- Educational material for renters, property managers, and other stakeholders
- Model language and implementation plans for including thirdhand smoke in Landlord’s Disclosure documents.
