Terminating Lease Due to Nuisance in The Hague
Nuisance from neighbours or others can be so severe in The Hague that you as a tenant wish to terminate your lease agreement. When is that possible? What steps do you take? This article explains how you can terminate your lease in The Hague due to nuisance, your rights and obligations as a tenant.
What is nuisance in a tenancy relationship?
Nuisance can vary: noise (loud music, renovations after midnight), odour nuisance (smoke, mould), aggression, intimidation, disturbances or parking problems. In The Hague, with densely populated neighbourhoods, this often affects your daily life, justifying termination.
Legal basis
Regulated in art. 7:270 Civil Code (BW), art. 7:268 BW (habitable state of the dwelling) and art. 7:271 BW (rent reduction). Tenants are entitled to quiet enjoyment. In case of landlord inaction, you may terminate. In The Hague, the District Court of The Hague (Prins Clauslaan 60) handles such cases.
Key articles:
- Art. 7:270 BW: Termination for serious breach by landlord.
- Art. 7:268 BW: Landlord maintains dwelling in habitable condition.
- Art. 7:271 BW: Rent reduction for defects.
When can you terminate?
Conditions: serious, persistent nuisance; landlord warned without action; proportionality.
1. Serious nuisance
Repeated noise (sleep disturbance), health damage from odours, fear from intimidation.
2. Landlord intervention failed
Written notification (registered letter/e-mail), reasonable period (weeks-months), no adequate response.
3. Proportionality
The court assesses whether continuation is unreasonable.
Step-by-step plan in The Hague
- Document: Diary, media (respect privacy), witnesses.
- Report in writing: Registered letter, deadline (e.g. 14 days).
- Reminder: Second letter in case of inaction.
- Seek help: Legal Aid Office The Hague, Lutherse Burgwal 10, for free advice.
- Lawsuit: Summons via bailiff; procedure at District Court of The Hague, Prins Clauslaan 60.
- Judgment: If granted, lease ends on specified date.
Extra tips for The Hague
Report to police (0900-8844) for criminal nuisance. Neighbourhood teams help escalate. Rent Tribunal for rent reduction. Success depends on evidence.
Conclusion
Termination due to nuisance requires evidence and procedure. Start with landlord, engage Legal Aid Office The Hague (Lutherse Burgwal 10) or lawyer. You can litigate at District Court of The Hague (Prins Clauslaan 60). Act quickly and document everything.