Spørgsmål:
I hope it’s ok I write in English (you are free to answer in Danish). On the 1st of April I have bought an apartment together with my boyfriend but the happiness was soon gone when I realized our downstairs neighbor is a heavy smoker, smoking cigar and cigarettes. The situation is so bad that sometimes we get woken up by the smoke smell. Even worse, I have some serious asthma. All our clothes, hair, kitchen equipment smell like smoke.
Our downstairs neighbor is just the tenant of the apartment. As owners, do we have the same rights as him or can we demand that common well-being in the building is enforced?
Can we demand to the owner of the downstairs apartment that he asks his tenant to smoke outside the building or wherever he doesn’t bother his immediate neighbors?
We have already talked to the building managers and the ejerforening and no one seems willing to help us. We urgently need help and we can’t see the value of our investment decreasing day by day because someone else decides to smoke. It’s a serious threat to our health and we cannot accept it.
Svar:
Kære spørger
Det vil normalt fremgå af husorden eller vedtægter, om der i ejendommen er en særlig rygepolitik.
Hvis dette ikke er tilfældet er udgangspunktet at lejer har ret til at ryge, men naturligvis på en sådan måde, at det ikke påfører omgivelserne væsentlige gener/ubehag .
Kontakt udlejer og administrator om problemet.
Med venlig hilsen/Kind regards
Erik Turley, advokat (H)
Dansk BOLIGadvokat, Hillerød
