When she was a student, Coralie lived in a shared apartment where the owner had set rules. “She strictly forbade me to smoke in my room,” she remembers. The young woman took care not to smoke in the shared spaces of the accommodation, such as the kitchen and living room, out of respect for her roommates. But she didn’t know at the time whether the ban on smoking in her room was legal.
Many of you must have already asked yourself this question, while France has around 12 million daily smokers according to Public Health France. If the tenant is free to smoke at home, he must be vigilant about the risk of nuisance to the neighborhood and damage caused to the accommodation.
Owner or tenant: who is responsible?
Renting accommodation gives you the right to “peaceful enjoyment”. “The landlord cannot impose a lifestyle on the tenant, he does not have the right to prohibit him from smoking,” assures Michel Veneau, president of the National Union of Independent Tenants (UNLI). If your lease includes a clause prohibiting smoking, it is considered abusive, that is to say, it has no legal value and the landlord will not be able to terminate your lease on the grounds that you smoke. .
Your freedom to smoke, however, stops in the common areas: “remember to read the co-ownership regulations carefully,” advises Michel Veneau. You may in fact be accused of smoking if you do so in the corridors, the courtyard of the building, if the regulations prohibit it.
You obviously have the right to smoke at your window and on your balcony. If your neighbors ever believe that the peaceful enjoyment of their home is disturbed by smoke odors, they may nevertheless blame you.
Another point of vigilance: housing damage linked to tobacco. Over time, cigarette, cigar or shisha smoke can have consequences on the condition of the accommodation and its equipment: persistent odor, yellowed walls, holes in the carpet… “When I left, the owner told me that she kept the security deposit of 730 euros, because she had to change the mattresses, the sofa, the curtains, the cushions, impregnated according to her with a smell of tobacco”, says Jules, ex-tenant of ‘furniture.
What solutions?
To avoid being accused of damage linked to smoking, first be very vigilant when inspecting the premises upon entry. Note precisely the condition of the accommodation, so as not to be charged for damage already present upon your arrival. Remember to ventilate regularly if you smoke indoors, or try smoking outside the window.
Also be aware that your neighbors may consider that your habit generates an odor nuisance. It is better to discuss it with them and try to find an amicable solution, because they may go so far as to consider that your smoke constitutes an abnormal neighborhood disturbance. They will need to provide proof, for example by requesting a bailiff before initiating proceedings, which can go as far as terminating your lease.
Note that in the case of a seasonal rental, such as a vacation rental or furnished tourist rental, the owner has the right to prohibit smoking to the occupants. In the event of non-compliance, you may be charged sanitation costs.
What recourse in the event of a blockage?
In the event of a conflict with a neighbor, or with your landlord, you can contact a legal conciliator to find an amicable solution. Beforehand, do not hesitate to seek advice from the departmental branch of the National Agency for Housing Information (Anil). As a last resort, you can go to court.
