A couple living in Geneva has successfully secured a rent reduction, after complaining that their home smelled of cigarette smoke. The couple secured a higher refund after their case was heard by the Federal Court in Lausanne.
The pair in question had been living in the apartment since 2014, paying a rent of 1.200 francs a month. However, trouble started when new neighbours moved into the flat below theirs in July 2020.
It soon turned out that the tenant below them was a regular smoker, with the couple complaining that their flat smelled of tobacco smoke at all hours of the day. Therefore, in a bid to reduce the rent based on the smell, the couple decided to install particle sensors to detect the smoke in their home.
Analysis showed that tobacco smoke made its way into the apartment in the morning, midday and evening. A further analysis from the University Centre for Legal Medicine for the Romandie found that the effects of the passive smoke and nicotine in the apartment were the equivalent of smoking 0,2 cigarettes a day.
With their complaints going unanswered, the couple moved into a hotel in January 2021, and in May, they decided to rent an apartment elsewhere, but could only officially move out in March 2022. They then decided to take legal action, which after three years culminated in a 15 percent rent reduction for the period of July 16, 2020 to September 15, 2021 - the first possible termination date on their rental contract, after the couple started to rent their new home.
The compensation was far lower than their original demands, which amounted to 94.338 francs. This included a 50 percent rent reduction from July 2020 to January 2021, a 100 percent reduction from January 2021 to March 2022, 50.000 francs in damages and 24.838 francs to cover relocation services. When this was rejected, the pair appealed to the Federal Court for compensation worth 58.000 francs.
Now, in a decision revealed this week, the Federal Court ruled partially in favour of the couple. They argued that the 15 percent reduction should be extended to apply from July 2020, when the issue started, to March 2, 2022, when the couple officially moved out. This means that they are owed 3.510 francs from the landlord. However, claims of damages and relocation costs were rejected.
Though the ruling sets a precedent that factors like passive smoke do justify a rent reduction, 20 Minuten noted that the result will be a hollow victory for the couple. The court ruled that they have to pay 2.000 francs of legal fees, on top of the cost of their lawyer.