Excessive smoking in the apartment belongs to the contractual use after a decision of the Bundesgerichtshof (BGH, judgment of the 5.3.2008, AZ.) VIII ZR 37/07) also excessive smoking in the apartment belongs to the normal rental use. If this yellow walls and doors in the rooms, the landlord may claim no compensation. Left open, the Bundesgerichtshof has whether this also applies in such cases, where the traces of smoking no longer can be eliminated after relatively short time through normal cosmetic repairs (twice white of the walls and paint the doors). Should the cigarette smoke in the apartment over the smoking penetrate and pestering the fellow tenants, a reduction in his rent into consideration comes (so the Charlottenburg District Court in a judgment of the dayahead AZ. 211 C-3/07). Specialist Attorney tip landlord: as far as cosmetic repairs is effectively transferred to the tenant, you can require the removal of the damages caused by smoking it. Basically it is advisable to include in the Treaty a smoking ban.
Although the Federal Court considers allowed a smoke ban himself in the form of contract, concerns remain. Nevertheless, such a prohibition makes sense because there is a certain hope that the tenant is voluntary because. Specialist Attorney tip tenants: check whether the obligation to carry out cosmetic repairs at all is effective. Otherwise, the landlord thing cosmetic repairs are. If the landlord excessive smoking damages as a result, he will have it, taking into account the above-quoted decision very difficult Court to enforce this requirement. Should permeate strong cigarette smell from neighboring apartments in your apartment, your lease may is reduced.