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German man faces flat eviction for smoking

friedhelm adolfs dusseldorf flat eviction smoking stairwell

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17 replies to this topic

#1    Still Waters

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Posted 31 July 2013 - 02:36 PM

A court in Germany has ruled that a man who smokes in a rented flat can be evicted if the smoke gets into public areas of an apartment block.

The Dusseldorf court's verdict followed a complaint from the landlady of the building where Friedhelm Adolfs lives.

She and other residents said that they could smell the smoke in the stairwell.

http://www.bbc.co.uk...europe-23514320

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#2    Aggie

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Posted 31 July 2013 - 03:41 PM

I don't smoke but my neighbours do and I really can't stand the smell seeping  to my house.....but I never complain, cause they are doing it in their own home, not mine....they are not doing intentionally.

I wouldn't complain and try to evict someone just because they smoke in their own home....what's next? Trying to evict somebody cause their cooking is really smelly? (like fried fish, for example).

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#3    Yes_Man

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Posted 31 July 2013 - 03:45 PM

Why is this news?


#4    Dark_Grey

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Posted 31 July 2013 - 03:51 PM

They just enacted a bylaw here in Calgary that you are no longer allowed to smoke in public parks.

Yep. Parks. They started their little war on smokes years ago and have slowly been turning up the heat, clearly moving towards stamping them out altogether.

I've never had a cigarette in my life and I still think the laws as they are, are good enough for public health/safety. We don't need Federal babysitters

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Locking people in a cage because they choose to exercise that right should be considered a crime against humanity


#5    glorybebe

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Posted 31 July 2013 - 03:54 PM

View PostAggie, on 31 July 2013 - 03:41 PM, said:

I don't smoke but my neighbours do and I really can't stand the smell seeping  to my house.....but I never complain, cause they are doing it in their own home, not mine....they are not doing intentionally.

I wouldn't complain and try to evict someone just because they smoke in their own home....what's next? Trying to evict somebody cause their cooking is really smelly? (like fried fish, for example).
I am allergic to both cigarette and pot smoke.  I have neighbours in a building next to us who's smoke blows over to our place.  I understand their right to smoke.  I choose to not smoke and lose my rights to live smoke free.  The neighbours want to sit on their deck and have a puff.  I want to sit on my patio and enjoy the outside.  But, I have to go in the house when they light up.  So, who is right?  Either way, someone would lose freedom of choice.  I can't afford to move, but, these people could smoke in their homes so the smoke wasn't wafting my way.  It is a no win situation.

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#6    Aggie

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Posted 31 July 2013 - 03:55 PM

View PostThe New Richard Nixon, on 31 July 2013 - 03:45 PM, said:

Why is this news?

Because they are evicting a man for something he does in the comfort of his own home.....1984 comes to mind.

I absolutely agree with you, Dark Grey!

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#7    FLOMBIE

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Posted 31 July 2013 - 04:04 PM

I believe this is a (small) scandal. Many smells get drawn into the staircase: Food odors, incense, and many other smells I do or don't like.

A good thing is that the last word on this one is not yet spoken. This is a decision by the lowest of the German courts.


#8    JamieSymptom

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Posted 31 July 2013 - 04:11 PM

In the UK, most rental agreements will state that it is against the terms of the lease to smoke in what is not actually *your* property.

However, in practice I have smoked in many of them and never been evicted.

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#9    Aggie

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Posted 31 July 2013 - 04:17 PM

Glorybebe, sorry to hear that but living in an overcrowded world and living in attached homes or flats (apartments) we all need to be patient, cause all sort of smells and noises reach the neighbours.

Edited by Aggie, 31 July 2013 - 04:18 PM.

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#10    glorybebe

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Posted 01 August 2013 - 06:03 AM

View PostAggie, on 31 July 2013 - 04:17 PM, said:

Glorybebe, sorry to hear that but living in an overcrowded world and living in attached homes or flats (apartments) we all need to be patient, cause all sort of smells and noises reach the neighbours.

I try.  But, when an asthma attack renders you breathless, then the patience wears a little thin.

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#11    Jacques Terreur

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Posted 01 August 2013 - 07:34 AM

thank god MY landlord is a chain smoker....! It's getting really ridiculous over here, with the smoking ban and all.
First, they ruled that it's ok that people can smoke in bars, but only if there is a seperate room provided for that. Then came the
general smoking ban for EVERY bar, and now they follow you to your private house? Gimme a break! By all means, i am not a pro smoking activist, although I enjoy a cigarrette myself every now and then, especially when i'm out to town. I totally understand that people feel harrassed by too much smoke in a bar / club, but it should be the choice of the owner whether they run a non-smoking place or not.

I live in a rather small town, and here, the situation gets really bad for all the little bars. You can't smoke inside, so people go outside. Because of that, neighbours always complain about the noise and send over the regulatory agency. The consequence is that all the alternative little clubs lose their customers and the owners have to consider to shut down the place. (that's no dramatisation, i organise gigs in town and some of the club/bar owners are friends)

Smokink IS bad, but heck, some people enjoy it. People enjoy many stupid things, like driving biga** SUV's through town, getting s**tfaced in bars or eating steaks that are full of antibiotics and whatnot, but that kind of stuff doesn't get regulated.

I got used to not smoking in bars, but i will never get used to too much patronizing by "the authorities"! STAY THE **** OUT OF MY HOUSE!

(EDIT for typos that happened while typing angry. I'm out for a fag now.)

Edited by Jacques Terreur, 01 August 2013 - 07:36 AM.


#12    Tutankhaten-pasheri

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Posted 01 August 2013 - 07:47 AM

Apologies to Martin Niemoller, though I think he would understand the mechanisms.

First they came for the narcotic users,
and I didn't speak out because I wasn't a narcotic user.

Then they came for the alcohol drinkers,
and I didn't speak out because I wasn't a alcohol drinker.

Then they came for the smokers,
and I didn't speak out because I wasn't a smoker.

Then they came for me,
and there was no one left to speak for me.


#13    questionmark

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Posted 01 August 2013 - 08:11 AM

View PostAggie, on 31 July 2013 - 03:55 PM, said:

Because they are evicting a man for something he does in the comfort of his own home.....1984 comes to mind.

I absolutely agree with you, Dark Grey!

As long as the neighbors get to smell it he does not do it in the comfort of his own home. BTW, the guy lost the case not for smoking but for refusing to air out his apartment after doing so letting the smoke get into the stair well. That was the case. Not that he smoked at home.

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#14    Jacques Terreur

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Posted 01 August 2013 - 09:26 AM

View Postquestionmark, on 01 August 2013 - 08:11 AM, said:

As long as the neighbors get to smell it he does not do it in the comfort of his own home. BTW, the guy lost the case not for smoking but for refusing to air out his apartment after doing so letting the smoke get into the stair well. That was the case. Not that he smoked at home.

true. Yet, this is a foot in the door for an ever growing regulation fury that i don't like. That guy lived there for 35 years, and i bet you he didn't pick up smoking just last week. First you should talk to somebody before you have him evicted.
Friends of me live on top of a chinese restaurant, and the kitchen fumes make the whole house smell pretty bad sometimes. If they would complain to their landlord about it, he'd probably say: "deal with it - or move out!"


#15    questionmark

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Posted 01 August 2013 - 09:34 AM

View PostJacques Terreur, on 01 August 2013 - 09:26 AM, said:

true. Yet, this is a foot in the door for an ever growing regulation fury that i don't like. That guy lived there for 35 years, and i bet you he didn't pick up smoking just last week. First you should talk to somebody before you have him evicted.
Friends of me live on top of a chinese restaurant, and the kitchen fumes make the whole house smell pretty bad sometimes. If they would complain to their landlord about it, he'd probably say: "deal with it - or move out!"

Wonder what the landlord would say if all tenants but the Chinese restaurant moved out and refused to move back in.

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