Vaping in the apartment: trouble with the landlord?

Nobody likes to limit themselves within their own four walls, this applies not least to vapers in rented apartments. Rental contracts and wording are discussed in the scene, but consistent information is often lacking. There are a lot of tenancy laws that can also be applied to vaping - even if judgments mostly have to do with cigarette smoke. But smoking is not vaping!

Is vaping allowed in the apartment? We have taken a look at important rental law regulations and give you tips for choosing air purifiers and how you can avoid or easily remove liquid deposits.

First of all: Can the landlord ban e-cigarettes in the apartment?

Especially here in Berlin, many landlords don't exactly have the best reputation. They demand high deductions for apartment furnishings, try to include some prohibitions in the rental agreement and are not very cooperative. A difficult situation that doesn't get any easier if you openly identify yourself as a vaper. Many landlords are often still very conservative.

Can the landlord prohibit vaping in the apartment? The facts at a glance:

• Smoking and vaping are considered “contractual use of the rental property”, which means that the landlord cannot simply prohibit the use of e-cigarettes in the apartment.

• However, the landlord can make a “smoking ban”, which does not include vaping, a condition when concluding the rental agreement. The whole thing must not already be pre-formulated in the contract, but must be agreed upon additionally.

• If you are actively asked if you smoke, you must answer truthfully. Conversely, you do not have to “admit” that you are a smoker or vaper.

Important: The “principle of mutual consideration” applies in German tenancy law. In plain language, this means that your landlord can also impose a subsequent ban if, for example, a neighbor complains about vaping in the apartment. However, your interests as a tenant are also taken into account - in practice it is more about specifications for vaping, for example only on the balcony or terrace.

Smoking is not vaping! - Be informed and persist

A statement from the federal government in 2012 stated:

“From the Federal Government’s perspective, e-cigarettes and nicotine-containing liquids as parts of them do not constitute tobacco products within the meaning of Section 3 Paragraph 1 of the Interim Tobacco Act. According to the legal definition of Section 3 Paragraph 1 of the Interim Tobacco Act, tobacco products are “made from raw tobacco or using raw tobacco “Manufactured products intended for smoking, chewing or other oral use, or for sniffing”.

It was also confirmed in a ruling from the Higher Administrative Court of Münster (NRW) in 2014 that smoking is not vaping.

Cosmetic repairs when moving out of the apartment: Does vaping lead to high additional charges?

In most cases, vaping in the apartment should be allowed, simply because many people have an old rental agreement. Nevertheless, there can be trouble with the landlord if you move out and the landlord claims that you caused damage to the apartment. However, no special rules initially apply to this, especially because clauses regarding cosmetic repairs are often ineffective. This is because blanket regulations often put you at a disadvantage as a tenant - you can find out more about the topic here ( https://www.lto.de/recht/hintergruende/h/bgh-dicta-viii-zr-185-14-und- viii-zr-242-13-beauty-repairs/ ).

So everything is in order? It depends on whether you damaged the substance by vaping in your home. This would not be a cosmetic repair, but rather compensation that you as the tenant would have to pay. It also becomes problematic if you have violated the individual agreement ("ban on smoking" or "ban on vaping") - here the landlord can terminate the contract without notice and/or demand compensation.

Does the vapor from an e-cigarette damage the fabric of the home?

If we break it down to its essentials, the liquid in an e-cigarette consists of propylene glycol (PG), vegetable glycerin (VG), flavor and, if necessary, nicotine. We have explained what is behind these technical terms and how these e-liquid ingredients work in this blog post on HAUS DES DAMPFES - take a look!

Is there something in the e-liquid that damages the apartment? Basically, the vapor is significantly less harmful than the smoke from a cigarette. However, deposits can form on the window panes if you vape a liquid with a high VG content. This is simply because small, moist particles in the air mix with dust and “rain down” somewhere - but you can avoid this by airing it out regularly; alternatively, glass cleaner can help. But that's it!

Are air purifiers the solution? Depends on the performance!

Unlike cigarette smoke, which is made up of many small particles, the vapor from your e-cigarette doesn't last as long indoors. Although regular ventilation may be easy in summer, it is much more difficult in autumn or winter. So-called air purifiers or air washers promise a solution.

Does that actually do anything? Depends on how it works and the filter that is installed. We think that very few vapers have air filters at home to combat the vapor.

As a rule, it is sufficient to open the window briefly and let the steam escape.

Conclusion:
If you ventilate for a short time regularly, no one will even notice that you are vaping at home. The steam "evaporates" :) quite quickly and there are no residues left and if there are, these are negligible.
So you shouldn't really worry too much.
Nevertheless, you should know the legal situation and, if necessary, speak openly with your landlord or neighbors.