Incense in the house

oscarlos · 26 March 2015 23:10

I'm wondering what my rights would be for using incense.

I've moved into a new place, I've checked the rules and it only mentions smoking isn't allowed.

I checked with the landlord, and he said that it isn't allowed because it would cost him more to clean when I leave.

Could there be any potential consequences against using it?

avejohnp · 27 March 2015 00:17

The landlord says it isn't allowed, so why ask if it is allowed?

Legally he cannot stop you. BUT he can make you pay for removing the smell.

Repainting, cleaning the carpets, etc etc.

leophillalo · 27 March 2015 07:20

As even smoking cannot be prohibited no matter if one tells or doesn't tell the landlord that one smokes at the time of signing the lease, neither on balconies (outside of apartments) nor inside ( source ) and that sometimes is way more annoying for the neighbors to tolerate , I don't see how your landlord would be able to forbid incense burning.

As for cleaning, you can be made responsible to pay for unusual wear and tear of the walls/ceiling due to smoking and thus the same rules will be applicable for incense.

If burning incense is of great importance to you, contact your region's renter's association and ask them about it.

Texanaguiza · 27 March 2015 07:42

I had Swiss neighbours before who were growing "incense" on the balcony and smoked burned it indoors... but if you do it too often will you indeed be liable to put the flat back into the state you took it over.

anon963486 · 27 March 2015 13:01

..less the wear by typical use. For instance, if you were in your apartment for ten years you won't be liable for any damage to the paint (water paint) as it's considered to be fully written off after 8 years.

What the landlord says is only relevant if he's within the limits of the law. As glow pointed out, there are cases where the renter can safely ignore his statements.

zadamily_uk · 27 March 2015 13:12

Is this the same place as your flatshare? Because I sure as heck would not want my flatmates burning incense in their rooms. If the landlord says no, then you should respect that, even if you cannot find any legal grounds, it's probably based on his experience of him renting out a shared flat. This is similar to your suggestion of calling the police over fights with your flatmates - it may sound like a could idea in theory but in practise, it's a bad one. There is a difference between "legal" and "right".

Ancansert · 27 March 2015 13:15

Compromise - get an Airwick Pugin and sit in the middle of the floor, adopt the lotus position and say "Ommm ...." ..... and then repeat, slowly.

leophillalo · 27 March 2015 13:22

Here is a link from ImmoScout re landlord/owner forbidding smoking in appartment. Sorry in French- but basically says landlord cannot do this, and that if you have signed a clause in the contract re not smoking in appartment, it can be ignored without consequences, as it would be an attack on your human rights- this applies to your balcony too- but not public areas like corridor, etc.

Must say I am surprised, as if I had a flat/condo to rent, I would not want a tenant to smoke there either. Wondering what the rights of non-smokers are- as if someone smoked below of next to me, which would prevent me from enjoying my balcony or having windows opened - I'd be pretty fed up.

Appartement en location: y est-il interdit de fumer?

Le contrat de location comprend souvent une clause édictant une interdiction de fumer. Toutefois, le bailleur ne peut pas interdire le locataire de fumer dans son appartement.

30.11.2014 Elisabeth Rizzi

Fumer une cigarette dans son appartement en location n’est soumis à aucune interdiction.

Les bailleurs précisent souvent, dans leurs offres de location déjà, leur désir de louer leur appartement à des personnes non-fumeuses. Le contrat de location comprend souvent une clause édictant une interdiction formelle de fumer. Mais cette interdiction est-elle autorisée?

Atteinte aux droits de la personne

En tant que locataire, vous disposez, en principe, du droit de fumer dans l’appartement loué ainsi que sur le balcon ou sur la terrasse qui en fait partie.

Il n’existe pas de clause légale dans le contrat de location vous retirant ce droit. Une interdiction constituerait une trop grosse atteinte à la sphère privée.

La violation d’une interdiction de fumer n’entraîne aucune conséquence même si vous avez signé une telle clause dans le contrat. En revanche, si fumer est interdit dans les lieux communs (escaliers, garage, etc.), vous devez vous tenir, en tant que locataire, à cette disposition.

So I'd imagine burning incence would fall into same category.