Termination due to "Cigarette Stink"
> May 2015
The claimant terminated the rent contract of her tenant, who had been living in the apartment for 40 days, without notice and alternatively with proper notice. The reason for the termination was "cigarette stink", since the tenant smokes 15 cigarettes per day and this smell wafted into the stairwell. The AG Düsseldorf upheld the claim. The LG Düsseldorf rejected the tenant's appeal.
The decision of the BGH: The tenant was successful with his action before the BGH (judgement from 18 February 2015 – VIII ZR 186/14). The BGH stated that the tenant did not violate his obligations under the rent contract merely by smoking more than 15 cigarettes per day in his apartment. The tenant is also obliged based on the requirement of consideration according to the rent contract to take simple and reasonable steps (e.g. ventilation through windows) to avoid impairment of the other tenants. In this case, however, the BGH did not consider it proven that the tenant had acted incorrectly yet.
We are waiting excitedly to see how this continues.