Can a landlord ban a tenant from smoking inside property in France?

Rental agreements in France may stipulate that tenants cannot smoke inside the property, as landlords try to avoid damage, lingering smoke, and the risk of fire. However, banning smoking is in fact illegal.

Under the law of July 6, 1989 - aimed at improving relations between landlords and tenants - landlords must allow their tenants “peaceful enjoyment” of their property.

This means that tenants have the right to do what they want in their home, with the exception of major works that require the landlord's agreement. 

The landlord does not have the right to ban tenants from smoking in their rented home (the exception is for short-term rentals such as holiday lets). 

If the tenant signs the lease, and there is a clause in the contract that states the property is “non-smoking”, this does not hold any legal value, as it would be considered “abusive”. 

Damage caused by smoking

A landlord cannot stop a tenant from smoking indoors, but they can still hold the tenant liable for damage caused by smoking.

France expands number of areas that can bring in rent controls

This might include:

• Yellowing or discolouring of the walls or other fittings such as built-in furniture or wall-to-wall carpets

• Damage or holes to furniture, carpets, furnishings, or bedding (in the case of a furnished flat)

• The need for deep cleaning due to the smell of stale smoke in curtains or furnishings

If the landlord observes that the property has been damaged, they can withhold the tenant’s deposit, and hold the tenant responsible for the damage, including requiring them to pay for repairs.

Outdoor rules 

Another law stipulates that even if the tenant smokes outdoors - or on your balcony or out a window - the smoke must not disturb the neighbours.

Excessive smoke could constitute a ‘trouble anormal du voisinage (abnormal neighbourhood disturbance)’, which could be grounds for terminating the lease.