Your lease presents the apartment as a “non-smoking accommodation” ? This statement may be impressive, but it is not enough to prohibit smoking in a primary residence. Once the keys have been handed over, the accommodation becomes the tenant’s home. He can therefore smoke there, whether it is an empty or furnished rental, without risking a sanction or the termination of his contract for this reason alone.
The owner cannot also organize visits to check that this instruction is respected. “The regulatory information notice attached to the lease states that the tenant benefits from the exclusive use of the premises and that the lessor does not have the right to prohibit him from smoking”assures Mathilde Genard, rental manager. Such a restriction is considered excessive and cannot be used against the tenant, even if he signed the lease.
Smoke should not bother neighbors
The freedom to smoke ends when smoke regularly invades neighbors’ homes through a window, balcony or ventilation. Depending on its intensity, frequency and duration, it can constitute a abnormal neighborhood disturbance. Testimonies, letters or findings from a court commissioner can then be used to prove the inconvenience. In the most serious cases, a final court decision can pave the way for the termination of lease.
According to the real estate professional, “the tenant must also respect the co-ownership regulations, which stipulate, in the majority of cases, the ban on smoking in the common areas of the building, such as the hall, corridors, stairs or elevator”.
Yellowed walls may be charged to the tenant
Being able to smoke at home does not mean being able to make an apartment yellowed or impregnated with a strong smell of tobacco. Upon departure, the tenant must return the accommodation in a condition comparable to that described in the condition of the premises entrysubject to the normal dilapidation.
Gold, “Cigarette smoke can, over time, cause walls and ceilings to yellow, permeate paintings, curtains or furniture and leave a persistent odor. A cigarette butt can also leave burn marks on the floor, sofa or work surface.assures Mathilde Genard.
If the comparison of the entry and exit inventory reveals such damage, the owner can ask the tenant to finance the repair. It may in particular retain part of the security depositprovided that it is established that the damage is attributable to tobacco and that the sums claimed are justified by quotes or invoices.
The lessor must nevertheless take into account the age of equipment and coverings. Paint that is already worn or damaged at the start of the rental cannot be billed as new. The simple quality of tenant smoker is not enough either: only damage actually observed and justified can give rise to a deduction.
Seasonal rental escapes this rule
In a seasonal rentalthe owner has more freedom. Since accommodation does not constitute the traveler’s main residence, the contract or internal regulations may validly provide for a No Smoking. This condition must however be communicated before booking.
If the traveler does not respect it, the owner can claim from him cleaning or repair costs made necessary by smoking. Here again, he must be able to prove the damage and justify the amount requested.
