Smoking is a big topic that can often lead to discussions and even anger - especially when it comes to smoking on the balcony.
But is that even allowed?
Perhaps you know the following or a similar situation: you are on your balcony reading a book and enjoying the sun and suddenly you are sitting in a puff of cigarette smoke.
Your neighbor would also like to enjoy the fresh air and the mild temperatures, just in his own way: with a cigarette.
Even if you're not directly on the balcony, the smoke billows through open windows into your own four walls - a nuisance.
This situation is a nuisance for many people and often a trigger for violent arguments between neighbors.
But is there any legal basis forbidding the neighbor to smoke on the balcony?
Smoking on the balcony: is it forbidden or allowed?
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Smoking on the balcony always causes arguments among neighbors.
But is that even allowed?
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Basically, there is no general ban on smoking on balconies or terraces in Germany, as it is a private space.
This means that in principle every owner or tenant has the right to smoke on their balcony or terrace.
This was also confirmed by the
Federal Court of Justice
(BGH, Az. VIII ZR.124/05).
Basically, the landlord or the owner can only prohibit smoking in shared rooms, for example: hallway, laundry room or basement.
However, according to
Allianz
insurance, landlords are allowed to ban smoking in their apartments.
This is particularly common when it comes to apartments in apartment buildings.
However, a “general or pre-formulated clause in the rental agreement is not sufficient.
The landlord must contractually record an individual agreement together with the tenant,” says the
Allianz
website.
Anyone who then violates this agreed clause, i.e. smokes anyway, can have their apartment terminated.
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Court ruling on smoking on the balcony
Since the topic of smoking (just like barbecuing) on the balcony repeatedly causes disputes among neighbors, and these often end up in court, there are a large number of cases and judgments.
In general, it can be said that smokers have to show consideration for their fellow human beings, even outdoors, and can even be sentenced to only smoking on their balcony at certain times (Federal Court of Justice, Az. V ZR 110/14): non-smokers are entitled to this to be able to use their balcony without unpleasant odors.
Smokers, on the other hand, have the right to live their lives the way they want.
The cigarette on the balcony or terrace is part of it.
As a compromise, the
BGH
judges therefore considered a temporary smoking ban to be feasible for both sides.
Everything about household and garden tips can be found in the living newsletter of our partner Merkur.de.
By the way, on the balconies of this country some things are forbidden.
As a smoker, watch out for non-smoking neighbors
Despite all consideration, conflicts can always arise in a shared flat.
If a neighbor feels disturbed by the smoke, you should seek dialogue and find a solution together.
In many cases it can help, for example, to blow the smoke in a different direction or to limit the time you smoke.
In serious cases, it may also make sense to consider mediation with a neutral third party to find a peaceful solution.
This article was created with the help of machines and carefully reviewed by editor Anna Heyers before publication.
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