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Legal Procedure for Terminating Rental Contract Due to Nuisance in Delft

Initiate procedure at the sub-district court of the District Court of The Hague (Delft location) with summons and evidence. Request termination plus damages. Duration: 3-6 months, free for low incomes via Delft rules.

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In Delft, a termination procedure due to tenant nuisance commences at the sub-district judge of the District Court of The Hague, Delft location (Piet de Witlaan 2). File a summons with summons fees (approximately €85), to be submitted via the registry in Delft or a bailiff. Compile strong evidence: complaint letters to the landlord, a detailed logbook of nuisance, witness statements from neighbors in neighborhoods such as Poptahof or Vrijenhoek, and medical reports on sleep disorders. The judge assesses whether the nuisance impedes the enjoyment of the home (art. 7:270 BW) and whether the landlord failed in its duties, for example despite reports to the Municipality of Delft. Request an expedited procedure (summary proceedings) in case of acute danger, such as severe noise nuisance in student housing around TU Delft. The landlord may enter a defense, such as its own measures via the Huurteam Delft. If granted, you receive termination with retroactive effect, compensation for damages, and sometimes relocation allowance. Term: usually 3 months after judgment. No court fee for tenants with income below €28,000; check at Juridisch Loket Delft (Burg. van der Haaklaan). Consider interim relief for temporary accommodation via the Wmo desk of the Municipality of Delft. Obtain free advice from Huurteam Delft or SWD Advies; pro bono via subsidized lawyers in the region. Procedure lasts 3-6 months. Alternative: Huurcommissie for rent adjustment. In urgent need, request suspension of rent payment at the sub-district court. Success depends on the strength of evidence, as in Delft cases where judges ordered termination for years of party nuisance without landlord intervention. After termination, seek new housing via Woonnet Rijnmond; landlord sometimes pays real estate agent fees. Continue paying rent until judgment to avoid forced eviction via bailiff. Specific to Delft: first report to neighborhood teams for neighborhood mediation to strengthen the procedure. (312 words)