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Unique juridical precedent - in Germany man was evicted from apartment for smoking
September 16, 2013
Unique juridical precedent was created in Germany - court of German Dusseldorf took the side of managing company that has cancelled lease contract with 75 years old man in sole discretion because of neighbors' complaints on permanent smell of cigarette smoke on the stair well.
"Contract may be cancelled in case if smell is felt on the stair well, represents threat for health and is insufferable for neighbors" - is told in the court's judgment.
The court has followed German anti-tobacco law in force that stipulates smoking ban in public places.
Now Friedhelm Adolfs, this is the name of the smoker, should leave the apartment in which he lived approximately 40 years. Managing Company has affirmed that he smoked in the apartment without ventilated the room that is why his neighbors have constantly complained about him.
Retiree, in his turn, considers that managing company just decided to get rid of him as he has rented apartment paying reduced price. In the court he has declared that he just can't make his entrance-door hermetic, that is why smoke has got to stair wall. Adolfs has already declared that he will "fight till the end" and will appeal.
Now, in Germany is considered one more similar case. Cliff dwellers in Eastern Germany Premnitz are going through court action to prohibit their neighbors to smoke on balconies at certain hours.
Smoking ban in public places works in all 16 German federal states from July 1st. According to the law smoking is allowed only in separate isolated closed rooms. Smokers will have to forget about their habit while visiting all state agencies and public institutions.
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