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If you want to tackle smoke nuisance from your neighbors, these tips can help. In general, smokers have the right to do as they please in their own homes.
Tips for dealing with smoke nuisance from neighbors: Talking to your neighbors can be helpful
If your neighbor smokes constantly and the smelly cigarette smoke drifts into your home, it can be very annoying. Especially in the warm season, it is almost impossible to sit on the balcony or air out your home.
- In general, it is permitted to smoke in your own home or on your balcony/terrace. This means that your neighbor must also tolerate and accept the associated odors. However, landlords have the right to prohibit smoking in their properties. This must be stipulated in the contract between the tenant and the landlord. In addition, smoking is not permitted in the common areas of a rental building. This includes the stairwell, basement, laundry room, elevator, and underground parking garage.
- Furthermore, neighbors do not have to tolerate very strong odors. After all, they must have the opportunity to ventilate their apartment with fresh air at some point. If the neighbor smokes constantly, tenants can try to take legal action against it.
- Before hiring a lawyer, however, you should try to talk to your smoking neighbor. This will allow you to clarify what is bothering you about the smoke and look for appropriate solutions to the problem.
- Smoking cannot be completely banned. However, perhaps both parties can negotiate a kind of timetable that specifies times when smoking is and is not allowed.
Smoke odor nuisance: Rent reduction or smoking ban at certain times
The parties to the dispute are often irreconcilable. It is not uncommon for such neighborhood disputes to end up in court. There are numerous court rulings in which the smoker has been obliged to smoke on the balcony only at certain times.
- If you are affected by smoke nuisance from neighbors, it is important to document it carefully. You can use smoke particle counters or fine dust measuring devices to objectively measure the concentration of smoke particles in the air. It is also advisable to keep odor logs in which you record the date, time, duration, and intensity of the smoke nuisance. Written confirmations from visitors or other neighbors can also strengthen your case.
- In addition, tobacco smoke from a neighboring apartment may entitle you to a rent reduction or termination of the lease in accordance with § 544 BGB (German Civil Code). A rent reduction is only possible if the smoke nuisance can be proven to be harmful to health, for example in the case of asthma or other respiratory diseases, and if the nuisance occurs regularly. Occasional smoke odors are generally not sufficient grounds for a rent reduction.
- For short-term relief, you can use ventilation systems with activated carbon filters or other special filters that reduce smoke particles and odors. However, these measures usually only provide temporary relief.
- Before taking legal action, it is advisable to contact a mediation body such as the tenants’ association or a municipal arbitration board. They can often help you find an amicable solution without going to court.
- Legally, smoking on the balcony is generally permitted. However, if the smoke drifts directly into the neighbor’s window and causes significant impairment, this can be prohibited under Sections 906 and 1004 of the German Civil Code (BGB), as it constitutes an impermissible emission.
- For example, the Lichtenberg District Court in Berlin ruled in a settlement that the tenant in question was not allowed to smoke on the balcony between 8 p.m. and 6 a.m. If this ban is disregarded, a fine of up to €250,000 or a prison sentence of up to six months may be imposed.
