Smoking tenants have to renovate only in extreme cases

The Supreme Court referred to smoking in homes as a contractual use

The Federal Court dismissed an action by a landlord on Wednesday. This had complained to 2,000 € for damages because they had to wallpaper a new apartment after two years because there was smoke "excessive".

Although the lease was "Please do not smoke," this clause from the view of the Supreme Court, however, no legal relevance. The court confirmed that smoking is usually a "contractual use" of the apartment belonged to, even if the tenant would smoke heavily.

The court also found, however, a limit. If the traces of nicotine can not be eliminated by conventional cosmetic repairs, including new paint, new wallpaper, painting walls and ceilings or liming of the doors, then the tenant must pay. But this was not given in the present case.

Whether it is permissible in Germany to adopt a general ban on smoking in apartments, was not yet decided the superior court. The German Tenants' Association, however, maintains a no smoking clause in a lease for a "serious limitation" and therefore invalid.

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