Guest smoked despite the ban: what you can claim
Guest smoked despite the ban: what you can claim
If a guest smoked despite a ban, you can claim the cost of remediation. That requires an effective ban and an evidenced condition from before.
The ban belongs in the Hausordnung (house rules) and in the listing. Without a documented starting condition it stays open whether the odour came from this stay.
German law of obligations, §§ 280, 249 BGBIn 60 seconds
A smoking ban must be visible before booking, meaning in the listing and the Hausordnung. A ban communicated only afterwards carries no claim.
You can claim the actual cost of remediation, such as ozone treatment or textile and upholstery cleaning, not a flat penalty.
A contractual penalty without concrete loss is open to challenge in standard terms. Work from real costs and receipts.
The burden of proof is yours. You must show the flat was odour-free before the stay; the guest does not have to prove they did not smoke.
For an Airbnb claim, a professional invoice has been required since April 2026.
Legal framework
A party who breaches a contractual duty must compensate the resulting loss. What is compensated is the actual cost of restoration. The burden of pleading and proving the breach and the loss falls on the party asserting the claim.
What carries a claim
| Weak | Robust |
|---|---|
| a ban stated verbally | ban in the listing and the Hausordnung |
| a flat smoking fee | evidenced cost of remediation |
| photo of the ashtray | documented odour-free condition from before |
How to evidence smoke odour to Airbnb is in Proving smoke odour; what else your house rules should cover is in Airbnb guest damage.
Common mistakes
It has to be visible before booking, in the listing and the Hausordnung.
Evidenced actual costs are enforceable; a round penalty rarely is.
Without a starting condition the claim is an assertion.
What to do next
State the smoking ban clearly in the listing and the Hausordnung. Do it with BildProof, about two minutes a room →
Capture the odour-free condition at every guest turnover.
In a case, instruct a professional immediately and work from that invoice.
Frequently asked questions
Can I set a fixed smoking fee?
A pre-set flat fee is open to challenge in standard terms if it clearly exceeds the typical loss. It is sounder to bill the actual cost of remediation and evidence it with an invoice.
The guest denies smoking. Now what?
Then the evidence decides. You must show the flat was odour-free and free of smoking traces before the stay. A condition documented at every turnover is the only robust way to do that.
Is a photo of the ashtray on the balcony enough?
It is an indication, no more. It shows someone smoked, but not necessarily that they smoked indoors, and not that the odour is new. The condition before the stay remains the decisive evidence.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.