By law, no shortage of rented premises with occurrence of the non-smokers Protection Act in 2008 was banned smoking in restaurants. Thus imposed smoking ban saw an innkeeper as a deficiency of the restaurant rooms rented by him and then sued its landlord for damages. The real estate portal myimmo.de reported the decision that met the Court in this matter. The innkeeper found the smoking ban in his restaurant as a limitation of the possibilities of use of the rented rooms. Consequently, he demanded damages from his landlord. Although smoking in the Mietraume in the lease was not expressly regulated, the use of the restaurant by smoking was originally excluded. The landlord was contractually obliged to leave the tenant spaces, which were suitable for the operation of a smoking restaurant. This provision however accounted for through the adoption of the non-smokers Protection Act.
The Oberlandesgericht Koblenz decided in the following legal dispute for the benefit of the lessor. Unlike in the apartment rent, the landlord in this case contributes to the Court follow only the responsibility for the restaurant concession ability. This is not affected by the non-smokers Protection Act. A smoking ban is therefore no shortage of rented premises. It is a general provision which serves the protection of non-smokers. The tenant alone bears the risk for the operating conditions of the restaurant operation. More information: news.myimmo.de/rauchverbot… Contact: Lisa Neumann University Service GmbH barefoot streets 12 04109 Leipzig Tel: + 49/341/49288-240 fax: + 49/341/49288-59