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FAQ about smoking in our apartments and buildings

The Act on the Letting of Residential Premises, which governs VAV’s letting activities, was amended on 1 October 2026. The changes brought about by the amendment, particularly those relating to smoking, are raising questions. We have compiled answers to the most frequently asked questions.

Questions relating to tenants’ smoking

Am I allowed to smoke in my own apartment after 1 October 2026?

No, you cannot. The law stipulates that smoking inside apartments will be prohibited in future, unless otherwise agreed. VAV is committed to upholding the spirit of the law, and no separate permits allowing smoking will be granted in order to ensure equal treatment of tenants. The aim of the smoking ban is to reduce the unintentional exposure of other residents, tenants and neighbours to tobacco smoke and the associated health risks.

Am I allowed to smoke on my own balcony or terrace? What about in the garden of a terraced house?

The smoking ban applies to the interior of the apartment, any balcony belonging to the flat, and any other private indoor or outdoor areas associated with the flat. Smoking is therefore also prohibited on balconies, terraces and in the garden of a terraced house.

Does the ban apply to all VAV apartments?

Yes, it does.

Does the ban also apply to communal courtyard areas?

If you already live in a building that has previously been designated as completely smoke-free, smoking is also prohibited in the courtyard of that residential building. For the time being, smoking is permitted in the communal courtyards of other VAV residential buildings. The following VAV buildings are completely smoke-free:

Does the date on which the tenancy agreement was signed affect the smoking ban?

The date on which the tenancy agreement was signed is irrelevant. The smoking ban automatically applies to all VAV rental properties, regardless of when the agreement was signed.

Does the ban also apply to my guests?

The smoking ban applies to all smoking in the property, not just the tenant’s own smoking. The main tenant must therefore ensure that other people living in the apartment and visitors to the property comply with the smoking ban.

Does the ban apply, for example, to e-cigarettes or other forms of smoking?

The smoking ban covers the use of all tobacco and plant products intended to be smoked or otherwise heated. The ban therefore applies not only to conventional cigarettes but also, for example, to e-cigarettes.

Where will it be permitted to smoke in future, given that smoking is not allowed in the apartment, on the balcony or in your own garden?

For the time being, you may smoke in your block’s communal courtyard, provided this is not specifically prohibited. Please bear in mind, however, that smoke can easily drift into the apartments and onto the balconies above. You should therefore smoke as far away from the building as possible.

You should avoid smoking near the building’s entrance.

Can I continue to smoke in my apartment, on the balcony of my own apartmentor in the courtyard with the landlord’s specific permission?

No, you cannot. Smoking is permitted indoors, on a balcony or in the courtyard only if the tenant and landlord agree to this. The purpose of the law is to prevent the health hazards caused by smoking and to promote public health. VAV is committed to promoting the purpose of the law, and no separate permits allowing smoking are granted in order to ensure equal treatment of tenants.

If tobacco smoke is disturbing your living environment

What should I do if my neighbour’s cigarette smoke drifts into my apartment?

In future, landlords must issue warnings about smoking in the same way as they do for other disturbances to tenancy. The easiest way to report this is via VAV via the OmaVAV service or by calling our customer service.

What does VAV do if it receives a report of smoking?

In practice, the landlord treats smoking in the same way as any other disturbance in the property. VAV may, for example, issue a reminder or a warning.

In order for us to address the disturbance – for example, by issuing a reminder or a warning – we need precise details of the incident, as well as a signed report from at least two, and preferably three, neighbours.

What if smoking continues despite warnings?

If smoking continues despite warnings, the tenancy agreement may be terminated or rescinded. You may also be required to pay for repair costs resulting from a breach of the smoking ban if the smoking has caused odours or damage to the flat.

Am I liable for compensation if I smoked in the flat whilst it was still permitted?

No, you are not. Liability for compensation may arise for damage caused by smoking that occurred after the law came into force.

The legislative reform also brings other changes

The aim of the reform is to clarify the regulations relating to rented accommodation. It is important to note that the changes introduced by the law apply to all landlords, not just VAV. Read more about the legislative reform on our website.