As of: January 28, 2024, 6:22 a.m
By: Carmen Mörwald
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Tenants use a notice to reprimand a neighbor who is smoking in the stairwell.
In fact, the action is very accommodating because the legal situation is clear.
Berlin – More and more people want to stop smoking cigarettes.
According to the current WHO report, the numbers are falling sharply in 150 countries: While one in five adults smoked in 2022, in 2000 it was one in three.
Nevertheless, in everyday life you often come across smokers who attract negative attention with their cigarette smoke.
It becomes particularly unpleasant when they don't go out into the fresh air, as a note published on the Instagram platform shows.
In it, the neighbors of a Berlin apartment lectured their smoking roommates about smoking in the stairwell.
Neighbors lecture with notes about smoking in the stairwell: Is that even allowed?
The account “notesofberlin” published the neighbors’ note.
One of those affected wrote the text, which begins with “Dear Mr. Smoker.”
Either he doesn't know who the culprit is and is secretly smoking in the stairwell, or he doesn't want to expose the person.
Although the note was written in a friendly manner, some passages are a little provocative: “The walk from your apartment on the first floor to the fresh air is not a marathon either.
It can be done, we believe in you.”
In fact, the neighbors didn't have to point this out to the annoying smoker.
Rather, they could have raised their concerns directly with the landlord, as smoking is generally not permitted in a rented apartment, including in the stairwell and hallway.
According to the
Berliner Mietverein e.
V.
smoking in shared rooms is no longer part of the contractual use.
“Cigarette smoke is not only annoying, it also endangers the health of all other residents of the house.”
Smoking is prohibited in rental apartments in the following areas:
in the stairwell
in the hallway
in the elevator
in the basement
in the laundry room
in the underground car park
in the attic
The legal situation in the apartment is different: In principle, smoking is permitted within your own four walls because, according to the ruling of the Federal Court of Justice (BGH), it is part of the contractual use.
“This applies unless otherwise agreed, the condition of the apartment is not significantly worsened and the tenant does not significantly harm his fellow tenants by smoking.” However, smoking in the apartment can be prohibited by the rental agreement, but only on an “individual basis.” negotiated agreement,” said the BHG.
“A pre-formulated clause, on the other hand, is ineffective.”
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Neighbors don't want smoke in the stairwell: Not everyone approves of Zettel
In the comments section of the published Instagram post, some users agree with the affected neighbors: “Unfortunately, I’m currently a smoker again,” writes one.
“I really can't stand being bothered by cigarette smoke in the hallway.” Another user reports similar experiences and that the stairwell smells like a mess.
“It's great if you have to go there with children.
The cigarette butts are everywhere too.
Some smokers are so disgusting.” Another commented: “Respect.
Very charming speech.” He hopes that the neighbors’ concerns will “hopefully resonate.”
Cigarette smoke can be unpleasant, especially for non-smokers.
© Andrea Warnecke / dpa
Although the neighbors are clearly in the right here, the note is not received by everyone.
Many Instagram users complain about the didactic manner, while others don't understand why you have to write such a long text.
One user comments that it is enough to point out not to smoke in the hallway.
“Why always want to lecture and judge?” Another writes: “The last sentence: oh so real?
Yes, awesome, I didn't know!
I'll stop immediately.” It is not known whether the smoking neighbor stopped smoking in the stairwell because of the note.
The tenants of another apartment building felt similarly disturbed: They posted a note in the hallway warning their pot-smoking neighbors to curb their cannabis consumption.
The smell, the note says, would reach into the upper apartments.
(cln)