The general terms and conditions of the agreement state that smoking is strictly forbidden on the rental property. According to the Tobacco Act, smoking is also banned in the corridor, staircase and other public areas of the building.
If the tenant ignores this rule, the landlord should make sure to talk to the tenant about it. After communicating with the tenant, we recommend the landlord to draw up a formal warning, which should clearly describe the tenant's violations. The warning should also include information that if the situation does not improve, i.e. if the landlord becomes aware of any new complaints about smoking, the tenant has again breached the agreement and his legal obligations. It will be grounds for termination of the rental agreement.
The law allows the landlord to terminate the contract by giving 30 days' notice in the event of a tenant's breach of the terms of the agreement – despite prior written warning.
In order to confirm the grounds for termination, the landlord should be able to show evidence of the tenant's breach(s), for example, written statements from neighbours and the housing association, photos and videos.
- Continuous smoking on the rental property can leave a smell of smoke on the interior finishes and furnishings. That is why the propety might need thorough cleaning and ozonisation. If these actions do not help, repair work might be needed. The damage caused by the restoration of the dwelling is at the tenant's expense.
- In the case of a non-monetary but nonetheless serious breach, the landlord has the right to impose a contractual penalty of up to 10% of one month's rent for each breach. This includes non-compliance with the smoking ban.
If you need a sample of the warning or advice on a specific case, please reach out to our customer support.