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Can I hold my landlord responsible for my neighbor’s cigarette smoke?

Over-regulation or youth protection?

© dpa/Martin Gerten

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I live in a cooperative apartment and have had the same neighbor for 25 years. For a few years I have been suffering from the odor from his cigarette smoke. We’ve already sealed doors, but the smoke is still penetrating my apartment. Can I hold the administration responsible? Or do I have to sue?

Lawyer Georg Röhsner answers:

If smoke is actually constantly entering your apartment to an extent that is well above the local level and if the rent reduction is not an issue for you, you can either sue the landlord or – which would probably make more sense – the neighbors directly for injunctive relief.

The big problem in such cases is always the factual proof of how severe the impairment is and that it is actually caused by the specific neighbor. For further living together, it would make more sense to look for an amicable solution with your neighbor.

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2023-05-24 03:08:31
#Cigarette #smoke #enters #apartment #defend

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