Terminating Rental Agreement Due to Nuisance in Delft
Nuisance from neighbors or others in Delft can be so severe that as a tenant you want to terminate your rental agreement. When is that possible? What steps do you take? This article explains how you can terminate your rental agreement in Delft due to nuisance, your rights and obligations as a tenant.
What is nuisance in a tenancy relationship in Delft?
Nuisance can vary, such as:
- Noise: loud music, renovations after midnight in Delft neighborhoods.
- Odor nuisance: smoke, mold or dampness in old Delft buildings.
- Aggression: threats or intimidation.
- Parties: repeated disturbances by guests.
- Parking problems: blocking spaces around the city center or TU campus.
Legal basis
Regulated in art. 7:270 Civil Code. Tenant is entitled to peaceful enjoyment of the home. If landlord fails to intervene, termination may be possible. Rechtbank Den Haag (district Delft) handles this. Juridisch Loket Delft offers free advice.
Important articles:
- Art. 7:270 CC: Termination due to serious breach by landlord.
- Art. 7:268 CC: Landlord keeps property habitable.
- Art. 7:271 CC: Rent reduction for defects.
When to terminate rental agreement in Delft?
Conditions:
1. Serious nuisance
Repeated, impairing quality of life: sleep disturbance, health issues, fear.
2. Landlord failed to intervene
Report in writing, reasonable period (weeks-months), no action such as warning the nuisance maker.
3. Proportionality
Judge of Rechtbank Den Haag assesses whether continuation is unreasonable.
Step-by-step plan for Delft
- Document: Diary, photos/videos (privacy!), witnesses.
- Report in writing to landlord: Registered letter/e-mail, deadline (e.g. 14 days). Contact Juridisch Loket Delft for help.
- Reminder: If no action, second letter with ultimatum.
- Legal advice: Juridisch Loket Delft or tenants' association.
- Court: Summons via registry of Rechtbank Den Haag, civil law team.
- Execution: After judgment, vacate and claim damages.
Specific to Delft
Municipality of Delft has nuisance reporting point (14 015). For housing associations such as Vestia or Trivire: use their procedures. TU Delft students: check house rules.
Tips
- Keep all correspondence.
- Consult neighborhood association or neighborhood app.
- Police for criminal nuisance.
Always consult Juridisch Loket Delft or a lawyer before taking steps. Good luck!