Neighbours and smoking
Neighbours and smoking
Tobacco smoke is known to have harmful effects on your health. For this reason, passive smoking should not be taken lightly, and you have every right to be protected from exposure to it.All tenants have rights - which certainly include the freedom to smoke under certain conditions - but they also have obligations, in particular the obligation to treat their neighbours with the respect they deserve.In this context, it should also be remembered that the landlord also has obligations, in particular the obligation to guarantee proper use of the flat to his tenant. If a situation becomes unbearable because the person causing the nuisance persists in showing a lack of consideration for the neighbours, despite a written warning from the landlord, article 257f of the Code of Obligations provides that the lease may be terminated early by giving 30 days' notice to the end of the month.This does not mean that a person's right to smoke can be called into question if it is not prohibited by the contract. However, excessive smoking that prevents you from enjoying your balcony or even opening your windows is an immission that restricts the use of your flat and constitutes a lack of consideration for others. If this approach proves unsuccessful, your landlord or property management company should ask him in writing to adopt appropriate behaviour aimed at reducing the nuisance caused by his addiction. If, unfortunately, your landlord fails to take action or fails to take full action against your neighbour who smokes, you could also take legal action against him yourself. Other legal provisions would then come into play, in which case you should contact a lawyer for advice and support.
