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Since April 2024, Germany legalized cannabis for recreational use, allowing adults to possess and consume marijuana under specific conditions. But if you're renting an apartment, the question becomes more complicated: can your landlord stop you from smoking weed at home?

What the legalization law says

The Cannabis Act (Cannabisgesetz or CanG) permits adults aged 18 and older to possess up to 25 grams of cannabis in public and store up to 50 grams at home. Personal cultivation of up to three plants is also allowed. Consumption is legal in private spaces and designated public areas, though restrictions apply near schools, playgrounds, and youth facilities.

However, the law doesn't address rental agreements specifically. Whether you can smoke cannabis in your apartment depends on your lease terms and how courts interpret tenant rights versus landlord interests.

What your rental contract might say

Many rental contracts in Germany include clauses about smoking, particularly to prevent damage and odors. Some contracts explicitly prohibit smoking tobacco inside the apartment. If your lease has such a clause and includes "smoking" without specifying tobacco, landlords might interpret this to cover cannabis as well.

Other contracts remain silent on smoking entirely. In those cases, tenants generally have more freedom, as activities not explicitly prohibited are typically allowed. However, this doesn't mean you have unlimited rights.

Landlord concerns about cannabis use

Landlords primarily worry about property damage and disturbances to other tenants. Smoke from cannabis, like tobacco, can penetrate walls, ceilings, and ventilation systems, leaving persistent odors and potentially causing discoloration or residue buildup over time.

If neighbors complain about the smell, landlords might argue it constitutes a disturbance (Belästigung). German rental law protects tenants' quiet enjoyment, but this protection extends to all residents. If your cannabis use noticeably affects neighbors, you could face warnings or, in extreme cases, termination proceedings.

Can landlords prohibit cannabis smoking?

Courts have ruled that landlords can prohibit smoking tobacco in rental apartments if specified in the contract, particularly when it causes damage or disturbances. The same logic likely applies to cannabis. If your contract forbids smoking, this restriction probably includes marijuana.

However, if your lease doesn't mention smoking, landlords face a higher burden. They would need to prove that your cannabis use causes measurable harm—such as persistent odors penetrating neighboring units or visible damage requiring repairs beyond normal wear and tear.

Landlords cannot retroactively ban cannabis use simply because it's now legal. Any new restrictions would require contract amendments, which need tenant agreement. They also cannot discriminate against cannabis users unless there's legitimate cause related to property protection or tenant obligations.

Balancing your rights with responsibilities

Even with legalization, tenants must consider their obligations. Rental law requires tenants to use apartments in a manner that doesn't damage property or disturb neighbors. For a deeper dive into what you're entitled to and what's expected of you, see our guide on understanding your rights as a tenant in Germany. Excessive cannabis smoke that permeates common areas or neighboring units could violate these obligations.

If you smoke cannabis occasionally and take precautions—like opening windows, using air purifiers, or smoking on a private balcony—landlords have limited grounds for intervention. But regular, heavy use that creates persistent odors or complaints from neighbors strengthens a landlord's position.

Alternatives to smoking

Vaping or consuming cannabis edibles produces significantly less odor and reduces potential conflicts. Edibles eliminate smoke entirely, while vaporizers create minimal scent that dissipates quickly. These methods are less likely to trigger neighbor complaints or leave lasting damage.

If you're concerned about your lease terms or potential conflicts, consider these alternatives as a practical compromise. They allow legal cannabis use while minimizing risks to your tenancy.

Growing cannabis at home

The legalization law permits cultivating up to three plants at home. However, this doesn't automatically override rental agreements. Some leases prohibit specific activities like operating businesses or making structural changes, and landlords might argue that cultivation falls under restricted uses.

Additionally, growing cannabis requires proper ventilation and humidity control to prevent mold, which could damage the property. If cultivation causes structural issues or excessive moisture, landlords can demand you stop and potentially claim damages.

Before growing cannabis in your rental apartment, check your contract carefully and consider discussing it with your landlord. Transparency often prevents future disputes.

What to do if conflicts arise

If your landlord raises concerns about cannabis use, respond promptly and professionally. Document your consumption habits, any precautions you take, and the lack of damage or complaints. If the lease doesn't explicitly prohibit smoking, you're on stronger legal ground.

For persistent disputes, tenant associations (Mieterschutzbund) provide legal advice and can help interpret your contract. They can also mediate between you and your landlord to find reasonable solutions.

Avoid ignoring warnings or assuming legalization grants unlimited rights. Courts evaluate each case individually, considering contract terms, actual damage, and reasonableness on both sides.

Conclusion

Cannabis legalization in Germany doesn't automatically mean you can smoke freely in your rented apartment. Your rights depend on your lease terms, the impact on neighbors, and whether your use causes property damage. Contracts that prohibit smoking likely cover cannabis, while silent contracts offer more flexibility.

The safest approach is checking your rental agreement, minimizing disturbances, and considering alternatives like vaping or edibles. When in doubt, transparent communication with your landlord or advice from a tenant association can prevent conflicts and protect your tenancy.