In a case which has attracted national interested and divided viewpoint in Germany, a court in Düsseldorf has ruled that Friedhelm Adolfs, a retired caretaker, need to vacate his flat by the end of the year.
In many countries, he would have been forced to depart extended just before now. But tenants’ rights are strictly protected in Germany, and Mr Adolfs’ lawyers efficiently argued that he could not legally be evicted just for smoking.
But the court upheld the eviction due to the fact the pensioner had not taken adequate actions to ventilate his flat or prevent smoke passing into the communal hall. He had not even emptied his ashtrays, the court said, and his neighbours had been forced to endure an “unacceptable and intolerable odour”.
His neighbours’ right to dwell cost-free from smoke outweighed Mr Adolfs’ correct to smoke inside his very own property, the court ruled.
Accurate to character, right after the verdict Mr Adolfs instantly lit up a cigarette outdoors the court area.
The pensioner’s attorneys say the case has made him the 2nd most renowned smoker in Germany, soon after former Chancellor Helmut Schmidt, who famously chain-smoked on tv.
Germany has a reasonably liberal attitude to smoking, compared to its European neighbours. Although smoking bans are in force in all of Germany’s states, there are numerous exemptions, and it is nevertheless typical to locate smoke-filled bars in Berlin and other cities.
Modest privately run bars that do not serve foods are exempt from the ban in many states, and more substantial establishments can set aside a space for smokers.
German pensioner evicted from residence of forty many years for smoking
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