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Termination of Rental Agreement due to Nuisance

Nuisance from neighbors or other parties can be so severe that you, as a tenant, wish to terminate your rental agreement. But under what circumstances is this possible? And what steps must you take? In this article, we explain how you can terminate your rental agreement if you are suffering from nuisance, what rights you have, and what obligations you have as a tenant.

What is nuisance in a tenancy relationship?

Nuisance in a tenancy relationship can take various forms. Consider:

  • Noise, such as repeatedly playing loud music, construction or renovations at unreasonable times (for example, past midnight).
  • Odor nuisance, such as smoke, moisture or bad smells due to poor ventilation or mold.
  • Aggression or intimidation, such as threats or bullying.
  • Disturbances, such as repeated visits from neighbors or uninvited guests.
  • Traffic nuisance, such as parking on your parking space or blocking the driveway.
Nuisance is not always easy to define, but if it affects your daily life or endangers your health or well-being, it can be a reason to terminate your rental agreement.

Legal basis

The possibility to terminate a rental agreement due to nuisance is regulated in the Rental Supervision Act (art. 7:270 Civil Code) and the Housing Tenancy Act. In addition, the General Rental Conditions (AVV) play a role. According to these laws, the tenant is entitled to quiet enjoyment of the dwelling. If the landlord does not intervene despite repeated complaints, the tenant may terminate the contract under certain conditions.

Relevant articles:

  • Art. 7:270 Civil Code: Termination of the rental agreement by the tenant in case of serious breaches by the landlord.
  • Art. 7:268 Civil Code: The landlord's obligation to keep the dwelling in a usable condition.
  • Art. 7:271 Civil Code: The possibility to reduce the rent in case of serious nuisance.

When can you terminate your rental agreement?

To terminate your rental agreement due to nuisance, a number of conditions must be met:

1. Serious nuisance

The nuisance must be serious. This means it is not about one-off incidents, but about repeated or ongoing situations that impair your quality of life. Consider:

  • Noise that prevents you from sleeping for weeks.
  • Odor nuisance that affects your health.
  • Aggression or intimidation that instills fear in you.

2. The landlord has not intervened

You must have previously warned the landlord about the nuisance and they must not have taken adequate action. This means:

  • You must have reported your complaints to the landlord in writing (for example, by letter or email).
  • The landlord must have had a reasonable period to act (usually a few weeks to months, depending on the severity).
  • The landlord must not have complied with your request to stop the nuisance, for example by warning the perpetrator or taking legal steps.

3. Proportionality

The nuisance must be so serious that it is unreasonable to oblige you to continue the contract. A judge will assess whether the nuisance is such that it is more reasonable to terminate the contract than to continue living there.

Steps to terminate your rental agreement

If you think you want to terminate your rental agreement due to nuisance, follow these steps:

  1. Document the nuisance:
    • Keep a diary with date, time and description of the nuisance.
    • Take photos, videos or audio recordings (be mindful of privacy legislation!).
    • Ask witnesses to confirm the nuisance.
  2. Report the nuisance in writing to the landlord:
    • Send a first warning by registered mail or email.
    • Give a reasonable period (for example, 4 weeks) to resolve it.
    • Clearly state that you will consider legal action in case of continuing nuisance, including termination of the contract.
  3. Request mediation:
    • If the landlord does not respond, you can engage a mediator, such as the Municipal Nuisance Team or an independent mediator.
    • Some municipalities offer free mediation for tenancy nuisance.
  4. Send a termination letter:
    • If the nuisance continues, send a termination letter to the landlord, referring to the previously reported complaints and the lack of action.
    • This letter must clearly state that you wish to terminate the contract due to the ongoing nuisance.