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Odor nuisance caused by a smoker: Tenant fights for the right to clean air
Find out why a tenant was evicted because of his neighbor's cigarette smoke. Problems, rights and obligations in the conflict over odor nuisance. #neighborhood dispute #tenancy law #smoking #termination
Odor nuisance caused by a smoker: Tenant fights for the right to clean air
In January, a new tenant moved into the apartment below Levent Kirilmis. It turned out that the tenant was a heavy smoker, which caused considerable annoyance for Kirilmis. Kirilmis found the cigarette smoke in his attic apartment unbearable, especially in the evenings when his wife came home from work. The leak in the apartment door and possible cracks contributed to the smoke being able to penetrate unhindered into his apartment.
Since Kirilmis is a non-smoker himself and suffers from bronchial problems, he reacted sensitively to the smoke nuisance. However, he stressed that he respected the neighbor's right to smoke in her apartment. Due to the leaks in the apartment, he urged the landlord to take measures to stop the smoke transfer. However, the necessary repairs were not made, which led Kirilmis to reduce the rent.
After an immediate termination due to alleged late payment by the landlord, there were discrepancies regarding rent payments. Kirilmis denied the allegations and emphasized that he was not in default in March. The controversy escalated further and the landlord took legal action against Kirilmis. The Cologne Tenants' Association took the view that the landlord was obliged to stop smoke emissions between the apartments and that the tenant was entitled to a rent reduction.
With regard to the legality of termination without notice due to the rent reduction, Jörg Hänsel from the tenants' association explained that there was a chance of success in court with a rent reduction of 10 to 15 percent. However, there was no clear legal standard as to how much cigarette smoke was tolerable between neighbors. Hansel recommended that the rent be paid with reservations until legal clarification was achieved. Ultimately, the situation between Kirilmis and his landlord remained unresolved, with the advice to pay the rent as a precaution to avoid legal consequences.