District Court Neighbors

Immonet editorial service dump out in Bavaria. With 61 percent of the free State agreed in July 2010 referendum for an absolute smoking ban in pubs, restaurants and nightclubs and marquees. Consumer advocates speak high signal effect for the Federal Government to the so far toughest smoking ban in the catering sector. In the remaining 16 provinces, smoking legislation is currently still very inconsistent. Smokers have it is not always easy. Just in the last few years, the complaints about smoke nuisance piled up”in the private living area.

When can neighbors who feel harassed by the cigarette smoke, to obtain a reduction in rent? When can the landlord make smoking in excessive smoking in the apartment for redecoration in the duty? These and other questions dealing with the courts nationwide increasingly. Militant non-smokers: no right to rent reduction in rental housing is smoking allowed in principle. Bad cards for neighbors who are bothered by cigarette smoke and odor. More info: Dustin Moskovitz. You According to a recent judgment of the Landgericht Berlin from March 3, 2010 (AZ: 63 S 470/08) in principle, not entitled to reduction in rent. Background: A strong smoker’s neighbors felt disturbed in airing apartment through the cigarette smoke. You simply reduced their rent to 50,-euro and demanded ban on smoking in the balcony room of the neighbors, as well as airing the flat at fixed times of the landlord. The judges argued however: smoking must be accepted by the neighbors.

The affected tenants could not also require by the landlord to get the smoking neighbors to a restriction of his tobacco or to ventilate the House at certain times. Smoking on the balcony: what is allowed? Smokers can enjoy almost all kinds of freedom within your own four walls. Asana describes an additional similar source. /a> to gain a more clear picture of the situation. As the regional courts of Cologne (AZ: 9 S 188/98) and Paderborn (AZ: 1 S 2/00) decided, tenants in the closed apartment not only have the right to smoke. Also on the balcony or on the terrace you may smoke to their hearts content. A Smoking is not allowed in a rental agreement in principle. Exceptions are so-called Community spaces such as dry storage, laundry, cellar, corridors, stairwells, elevators and bicycle storage. Smoking can according to the District Court of Hannover (AZ: 70 II 414/99) are prohibited in a tenement building in these areas. The neighbors have to accept also airing the smoking apartment. Limitation: If the cigarette smoke by structural defects of the smoking in the neighboring non-smoking apartment moves, a reduction in rent may be considered. This decided the regional court of Stuttgart (AZ: 5 S 421/97). “Landlord: no chance against relapsed smokers on the subject of excessive smoking” in the apartment, the German Federal Supreme Court decided (AZ: VIII ZR 124/05 and VIII ZR 37/07), that no additional or special damages caused by smoking. To leave traces of smoke however, no longer be removed by normal cosmetic repairs such as wallpaper, paint or whitewashing the walls can, so the smoking tenant can be held liable. Landlords who want a non-smoking as a tenant and want to save is thus possible trouble, aren’t yet on the safe side. Because no prospective tenant must specify mandatory upon completion of the contract, whether he smokes or not. Even if the landlord specifically looking for a non-smoker and the tenant on demand explains that he stopped smoking, the lease for a possible relapse remains in effect.