The court allowed to recover compensation from smokers at the entrance of residents

In Russia, the court of cassation made a precedent-setting decision: tenants of apartment buildings have every right to demand material compensation from neighbors who smoke on the porch or at the entrance to the entrance. This means that making such smoke breaks not only unpleasant, but also financially burdensome for the offender is quite real.

At the heart of the case is a typical situation. The plaintiffs complained about a neighbor who regularly smoked at the entrance door. Because of this, the pungent smell of tobacco freely penetrated into the common vestibule and even into the apartments on the third floor. Photo and video recording of violations, as well as complete disregard for oral requests became the main evidence in court.

Previously, lower authorities refused to residents, arguing that the porch of an apartment building is not a “room” in the literal sense, which means that a strict ban on smoking does not apply there. However, the cassation put everything in place. The judges stressed that the right to use their property ends where the discomfort of other people begins. If the smoke or smell goes beyond the smoker’s control and poisons the lives of neighbors, it is a direct violation of the law.

The case has been reopened. The lower court is now obliged to review it in the light of this clear legal position and determine the specific amount of compensation for non-pecuniary damage to victims. This verdict strengthens anti-smoking judicial practice and gives Russians a working tool to protect their health and peace of mind.