Smoking in a rented apartment: allowed, but with limits
Smoking in your own four walls is generally allowed, including in a rented apartment. Still, there are limits: with excessive soiling when you move out and with consideration for neighbors, for example when smoking on the balcony.
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What you should do now
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1. Check the lease
Is there a clause on smoking? Blanket total bans are often invalid.
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2. Avoid damage
Ventilate and renovate when you move out so that no traces beyond wear and tear remain.
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3. Be considerate on the balcony
When smoking outdoors, do not substantially disturb neighbors, otherwise restrictions loom.
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4. Resolve disputes objectively
Refer to the contractual use and the BGH case law.
Frequently asked questions
May I smoke in my rented apartment?
Yes. According to the case law of the BGH, smoking in the apartment is part of the contractual use of the rented property. You cannot be terminated for that alone, and a blanket smoking ban in the lease is only effective to a limited extent. Limits do arise, however, with excessive damage and consideration for neighbors.
Do I have to pay for smoking traces when I move out?
Only if the traces go beyond normal wear and tear, for example heavily yellowed walls that can only be removed with special effort (a special coating). If everything can be fixed with usual cosmetic repairs, it is covered by the contractual use and no separate damages are due.
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.