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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 10838
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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I live in a top floor apartment in Germany. It is in a courtyard

Customer Question

I live in a top floor apartment in Germany. It is in a courtyard and as such only has windows that face out one side onto the courtyard.
A man moved in below who is a smoker. He keeps all his windows directly under mine kipped open all the time. The smoke rises into my apartment whenever my windows are open (which will become imperative now that summer is coming and the apartment gets warm).
I have asked him if he would at least close his bedroom window mornings so that I could get some air. He said yes, but again, the window is open so I get no fresh air.
Are there any actual laws in Germany that protect a non-smoker in this case? The Miete Schutz hasn't been much help. I can reduce my rent, they say, but that is no solution.
Thank you for any help you can give me.

Jayne Traendly
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,


thank you for using Just Answer.

My name isXXXXX and I`ll be happy to assist you.

The legal situation is as follows:

Unfortunately within his own appartment everybody has the right to do as he pleases and that includes smoking.

This is kind of a constitutional right, so neither landlords nor neighbours can do anything about it.


The only thing you can do about it is complain with your landlord and reduce the rent by 5 %.


I am sorry the legal situation is not in your favour


Should you have any more quastions please feel free to ask

Customer: replied 1 year ago.


I understand that he can do what he wants in his apartment. However, he is intruding on my space in MY apartment and creating an unhealthy environment for me and is therefore not doing what he wants in his apartment. I don't care what he does if he keeps it in his apartment, which he isn't. If he were playing loud music all the time, I could call the police because he is intruding on my sound space.


 


Have I no constitutional right to do what I want in my apartment, meaning also keeping his rights from encroaching on my space? Or that he has to work out some sort of agreement with me on this matter?


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

Expert:  legal eagle replied 1 year ago.
Dear Customer,


as a non-smoker I totally understand your point of view

But he is allowed to smoke in his own appartment and keep the windows open as he pleases.

Loud music is a different thing altogether and may be a possible misdemeanor.

So the only thing you can do is reduce the rent
Expert:  legal eagle replied 1 year ago.
Dear Customer,

I am very sorry the legal situation is not in your favour.


I would very much appreciate gettig a positive feedback all the same because you do not rate the legal situation but my service for you


Thank you very much


Expert:  legal eagle replied 1 year ago.
Dear Customer,


have you got any further questions ?

Please be my guest
Customer: replied 1 year ago.


I'm sorry. I started looking for other information. I found something but it seems like such a complicated process. If you are interested, it is at http://www.nichtraucherschutz.de/images/stories/Publikationen/NID-Leitfaden-Wohnen%202012%20V1.pdf


 


 


Of course I will rate you according to service, not the answer I receive!

Expert:  legal eagle replied 1 year ago.
Dear Customer,


thank you for sending the link.

This information is unfortunately not different from what I told you

It still says going to court and filing a claim for the smoking neighbour to stop is quite risky and complicated , becuase most courts see it as a constitutional right to be allowed to smoke in your own appartment.


Of course you can try to consult a local Fachanwalt für Miet und Wohnungseigentumsrecht, but this is a costly matter.


So I´d advice you to reduce the rent and talk to your landlord about the whole situation.

Maybe the smoker is going to listen to him and compromise can be found


legal eagle, Attorney
Category: German Law
Satisfied Customers: 10838
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and 3 other German Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for taking the time to read it.


 


It is such a small thing for a person to do to be considerate to someone else.


 


I will talk to my landlord. Perhaps when it comes to money, the bigger players will take action.


 


Again, thank you.

Expert:  legal eagle replied 1 year ago.

Best wishes !!!! And thank you for your nice rating, greatly appreciated

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