What should I do if a neighbouring tenant is breathing down my neck?
What should I do if a neighbouring tenant is breathing down my neck?
"I've lived in a block of flats for over 50 years. I've never had any problems with the neighbours. For a little over a year now, I've had new neighbours who smoke so much that I can't enjoy my balcony or even leave a window open because of the fumes. The council says it can't intervene because they're at home. What can I do?"
Jeanine, Geneva
A lease is a bilateral contract under which the lessor undertakes to transfer the use of the property to the lessee in return for the payment of rent. The lessor must maintain the leased property in such a way that the lessee can make normal use of it.
Furthermore, under the Code of Obligations, the tenant is obliged to show due consideration for the people living in the house and the neighbours. The law provides that the landlord may terminate the lease by giving 30 days' notice to the end of the month if he has asked the tenant in writing to stop showing disrespect for the neighbours and the disrespectful tenant does not change his behaviour.
Excessive smoke preventing you from enjoying your balcony or even opening the windows is an immission restricting the use of your flat, for which the person responsible is liable, and constitutes a lack of consideration if he or she does not seek a solution. The landlord, who is supposed to guarantee the correct use of the property, should therefore intervene.
At the very least, the Régie could ask your neighbour in writing to adopt a behaviour that will reduce the nuisance caused by his addiction, and if this intervention is not followed up, it could consider terminating his lease extraordinarily. You could also take legal action against your neighbour yourself.
Since your landlord refuses to take action, you would be entitled to have your rent deposited for as long as the problem persists. However, such a measure requires a written warning to be sent to the landlord with a reasonable deadline for remedying the problem. You must then submit your claims to the conciliation authority within 30 days of the due date of the first rent deposit, failing which it will be forfeited to the landlord.
Consigned rents are deemed to have been paid, so you need not fear termination of your lease if the procedure is followed correctly. However, you are strongly advised to seek advice from a lawyer or a tenants' association to avoid making any mistakes that could have serious consequences.
