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Gathering Evidence for Nuisance to Terminate a Rental Agreement

Gather compelling evidence for nuisance: logbook, recordings, witnesses, and letters to the landlord. Essential for successful termination under Article 7:270 BW. Involve the police or municipality for reports.

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If you are experiencing nuisance and wish to terminate your rental agreement, it is crucial to gather compelling evidence. Without solid documentation, your request will often fail in court. Start with a detailed logbook: record dates, times, duration, and the nature of the nuisance, such as noise from 23:00 to 02:00. Make audio recordings, videos, or photographs, but respect privacy laws (GDPR). Include witness statements from other neighbors or housemates. Send registered letters to the landlord with your complaint and evidence, and keep copies. Request a written response from the landlord within 14 days. Consider obtaining a report from the municipality (livability check) or police reports in cases of noise nuisance. Keep medical certificates if the nuisance affects your health, such as sleep problems due to stress. For structural issues, such as mold caused by leaks, document inspection reports. This evidence is essential for Article 7:270 of the Dutch Civil Code (BW), where the court assesses whether the landlord has failed in their duties. A lawyer can assist in compiling the dossier. Insufficient evidence leads to rejection; be systematic and patient.