Legal Procedure for Termination of Rental Agreement Due to Nuisance

A termination procedure is initiated at the subdistrict court. File a summons, including summons costs (approximately €85). Compile evidence: complaint letters, a logbook, witness statements, and medical reports. The judge assesses whether the nuisance impedes the enjoyment of the property (Article 7:270 of the Dutch Civil Code) and whether the landlord has failed to act. Request an expedited procedure in cases of acute danger. The landlord may present a defense, such as their own measures taken. If the claim is granted, you will receive termination with retroactive effect and compensation for damages. The term for enforcement is usually 3 months after the ruling. No court fees apply for tenants with an income below €28,000. Consider requesting a provisional measure for temporary relocation. Seek advice from a Rent Team or lawyer; legal aid (pro deo) may be available. The procedure typically takes 3-6 months. Alternative: The Rent Tribunal for rent adjustments. In cases of urgent necessity, request a suspension of rent. Success depends on the strength of the evidence. Examples: courts have terminated agreements due to years of noise nuisance without intervention. After termination, seek a new residence; the landlord may sometimes cover real estate agent fees. Continue paying rent until the ruling to avoid forced eviction.