Hi Janice,
As a both a property manager (licensed real estate agent) and investor in San Jose here are my two cents:)
Yes, you can prohibit smoking on your property both inside and out. I make this very clear when advertising and again while signing a lease. I use a specific addendum for this. A violation of this is considered a breach of the lease agreement and eviction can/will happen. Now that being said, you can not discriminate in CA if someone is a smoker. Yes, they are not a protected class per se but CA discrimination laws are becoming so vague that you could end up in court trying to defend why you made a particular decision. So in summary, you can prohibit smoking on your property but you should not discriminate against someone who does smoke.
Regarding noise, I use a house rules addendum where I spell out "quiet hours". Typically 10p to 8a. I do make allowances for occasional parties/celebrations etc. Basically, I say, Life is important you need to live and enjoy it. However, you need to be respectful of everyone else around you. Any other particular things you want enforced can be added here or to any lease addendum. I also specify the number of days a guest can stay per month. Anything over that requires approval. In general, it is your property. You can set whatever rules/conditions you want. Depending on them you may diminish your renter pool but that might be ok for you? I list the big items in any advertisement for the property. I am a big fan of being up front and honest. It saves everyone a lot of time and energy.
Yes, you can prohibit motor cycles or working on cars on the property, or parking on the grass etc.
Regarding adding fees due to a tenant's behavior, you have to be careful here. This can be construed as retaliation which is not lawful. You are better off to define the rules you want for your property (within the law of course), set the appropriate rent amount, and then enforce the rules consistently and without bias.
If your property is in San Jose, the market is very good right now. You should have no issues finding a good tenant if your property is priced appropriately. I am typically getting new tenants (well qualified) in less than a week. Sometimes, I am even signing a lease before the previous tenants move out.
Some would say I'm too strict or not flexible. I would disagree. I am running a business and protecting either my own or someone else's investment/property. Now that being said, I also tell all tenants, that if there are problems or something is broke, let me know and I'll get it addressed/fixed right away. I am committed to providing a safe comfortable place for them to call home. My mantra is firm but fair. :)
Well that was a bit longer than I intended. Hope it was helpful.
Regards,
Chad