Court allows smoking in apartments
Bans on smoking in rental housing is illegal
The Berlin District Court (case number: 63 S 470/08), expressly allowing smoking in apartments and thus quashed the complaint of a tenant, the landlord had demanded a ban on smoking in the apartments.
The plaintiff had molested by tobacco smoke felt when his neighbor in the apartment below his room ventilated. Apparently there had been reason to be "significant odor problems" in their own homes. Arbitrarily reduced the plaintiff the rent by 50 € and asked the landlord to adopt a ban on smoking in the residence.
When the landlord is not on this absurd demand response, called the anti-smokers to tell the neighbors fixed ventilation times. Was allowed to specifically require that the smoking tenant more than twice a day for a maximum of half an hour airing his apartment. Also, this nonsense went on the Lender has not, and so the case ended up before the Berlin regional court.
But the judge did not follow the completely exaggerated claims of the plaintiff. Smoking belong, the judges said, the "contractual use of the leased premises." You can not ban smoking people smoking in certain rooms of your own home, nor could it require fixed ventilation times. The court saw no "undue burden" of the plaintiff and smashed the rent reduction from the anti-smoker with the same.
With this ruling, there is finally clarity for tenants and landlords, and the demands of militant anti-smokers insanity was advanced a clear bars.
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The only question is how long
This article described the "clear lock" holds.
In this case (smoking in the apartment), there will be no peace for years to come, as long as there are people who think that "a smoke molecule" is deadly.
But this applies only to molecules from tobacco smoke.
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