I guess this is a complaint...but also a thread because i need some advice on what to do.

I live in a very old building which has been totally refurbished. I have lived there for just over 4 months now, and am having problems with the tenants downstairs smoking.
Obviously there is a structural problem with the ceiling/floor which separates our apartments because all the cigarette smoke from their room comes into our bedroom. Its only in one particular room and when they smoke we basically get gased out.
We are non smokers so we dont appreciate our house being filled with smoke.......and it takes days to get the smell out of the house.

I have spoken to them about it and they said they would only smoke in the kitchen with the doors open. Things havent changed though, and its obvious they still smoke in the same room.
I emailed the landlord (who owns the entire building) and asked him could we have someone look at the floor. He replied but instead of helping out he just spoke to the tenants downstairs like i did....so again no resolution.

The apartment is very expensive to rent, and even though we rent a 3.5 room house we are only using a 2.5 room house.
How far can i push the landlord to get it fixed??

Tricky, but I can't see much of a way out of this unless you are prepared to move out and threaten the landlord with that option too. Selfishness isn't something that you can treat externally I'm afraid.

I thought about either moving out and breaking the lease, which i dont want to do because moving is a big deal.
But even if i did, he would probably find a tenant in a week or two anyway!!

What about if i stop paying my rent until it gets fixed??

Is there a shared ventilation system that spews into the said room?
Could you not bring it up with the authorities responsible for health and safety and have them approach the landlord?

I don't see how you can stop someone smoking in their own appartment. It's obviously a structural problem, so push the landlord. If that fails, it's a job for the Mietverband.

Thanks Divesnowboy thats a good suggestion.

There is no shared ventilation so im confused as to why we are getting such a huge amount of smoke in our apartment.

Thanks PaddyG. Of course i cant stop someone smoking in their own apartment (although i think its strange that smoking is allowed in the apartment and not forbidden in the rental lease) anyway, hence the reason i went to speak to them nicely about the situation.

But the fact that they still do it even though it effects us and after speaking to them, is quite inconsiderate. If they actually did smoke in the kitchen like they promised then we wouldnt have a problem.

aha, Mietverband, that's the folks!

Technically, there is nothing you can do. They are smoking within their rented property, finished. If they were smoking between their apartment and the house entrance (stairwell, elevator, slide ) then you have a reason to stop them.

Similar situation here. Walls not sealed because of heater tubes that go between the rooms (building is an old factory). Five young guys rented a room next door and gather to watch Champions League games and chain smoke like a chimney. Plus, the whole building smells of second hand cold smoke when they open their door to the hallway to go to the restroom down the hallway.

Again, technically, there is noting we can do. I told the landlord (also building owner) that I will open the windows in the hallway... he had a hissy-fit about his plants in the hallway... I just shrugged my shoulders and said... "then do something about it".

I know, that does not help you... just want to let you know that you are not alone The Mieterverband to push the landlord is the best thing you can use short of moving out or start smoking yourself
JC

What is Mietverband?

http://www.mieterverband.ch/
enlighten us please Paddy G.

It's an association that deals in the rights of renters. I believe they will even help with representation in court. You have to pay to join (not much, I believe), but they have a lot of clout. Often simply a threat to consult them is enough to get some activity from a landlord or regie.

Edit: Just to say though, I have never had cause to use them myself, but plenty of people on EF have done so, mostly with a successful outcome.

Thanks PaddyG...very helpful!!

As a short term solution, as it appears to be a building structural problem, get the landlord to provide air purifier(s).

Why would it be forbidden in the rental lease?

Tom

Some private owners might stipulate it in the rental agreement, it's perfectly within their rights, similar to a no pets clause for example.

As a landlord i wouldnt want my tenants smoking in my house......but thats just my thoughts.

In Australia (where i am from) most leases forbid smoking. Obvisouly things are different here.

That will only get you evicted and make it very difficult for you to rent something in the future (difficult as in...walking on water...).

Smoking is an addiction. Trying to reason with smokers is a bit like trying to reason with a dog that he should start stockpiling sausages rather than eating them all at once...

The Mieterverband might be able to tell if you can break your lease without penalty because of this (doubtful). Because the only way to quickly solve the problem is to move out.

we rent out our house in Canada and the lease forbids smoking in the house.