The Kaohsiung District Court on Monday ordered a man to pay NT$10,000 to his neighbor for causing discomfort with his secondhand smoke and prevent his cigarette smoke entering the neighbor’s apartment.
The defendant, surnamed Yang (楊), and the plaintiff, a man surnamed Lin (林), live in adjacent units on the fourth floor of an apartment building, the court said.
For the past three years, cigarette smoke from Yang’s home had been entering Lin’s rented unit, it said.
Photo: Wang Yi-sung, Taipei Times
Lin and his family started smelling cigarette smoke inside their apartment and in the stairwell shortly after moving into the unit in August 2019, Lin told the court.
The “pungent” smell was sometimes also mixed with the scent of animal excrement, he said.
After searching for the source of the smell, Lin found that Yang smoked inside his apartment and on the balcony, where he would also put dog excrement, he said.
Lin said he sought help from the landlord, the borough warden and building management to talk with Yang about the situation, but to no avail, with Yang instead accusing Lin and his family of “messing up the entire floor.”
With no other recourse, Lin and his family sealed the gaps in all the doors and windows, and installed air purifiers, he said.
After nearly three years without any change, Lin sued Yang and his landlord for NT$47,000 to cover the cost of the air purifiers and for psychological distress.
In a summary hearing, Yang told the court that he does smoke inside his apartment, but not on the balcony.
As for the smell of excrement, Yang said his two dogs once defecated on the balcony, but he immediately cleaned and sanitized the area.
He also said that his landlord visited Lin’s apartment to see if cigarette or animal smells were present, but did not notice anything.
Lin presented medical reports showing that he and his family experienced worsening dermatitis, which they said was linked to the air quality inside their home, as they had been unable to open any windows or doors.
The court also took into consideration a recording of an argument between the two in which Yang admitted to smoking more than 10 cigarettes per day for at least three hours daily, as well as a previous statement from the landlord that they could smell smoke in the neighboring apartment.
In its ruling, the court said that the defendant produces a significant amount of secondhand smoke, which is considered a Group 1 carcinogen by the UN, severely affecting the environment in the building.
As no steps were taken to improve the situation for more than a year, it has reasonably bypassed the tolerable range, it said, ordering Yang to pay Lin NT$10,000 and rectify the situation.
The ruling can be appealed.
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