Role of Landlord in Nuisance and Termination of Rental Agreement in Delft
Landlord in Delft must address nuisance (art. 7:213 BW), such as student noise. Warn formally; if fails, Huurcommissie or district court The Hague. Prove negligence for termination.
AA
Arslan AdvocatenLegal Editorial
2 min leestijd
In Delft, with its vibrant student population around TU Delft and historic city centre, neighbour nuisance is common, such as noise from parties or group housing. The landlord has a duty of care in cases of nuisance caused by third parties. According to article 7:213 BW, he must take measures to ensure your quiet enjoyment of the dwelling. If he ignores complaints about typical Delft issues such as nocturnal commotion in the Agnietenstraat or Mijnbouwstraat, he is in default, which may make termination of the rental agreement possible. First send multiple formal warnings by registered mail. If he does not respond, involve the Huurcommissie for mediation, specifically via the regional office in The Hague that serves Delft. If that fails, claim termination at the district court in the Rechtbank Den Haag, Delft location. The landlord can himself warn the nuisance-makers, impose a house ban or terminate the contract (art. 7:268 BW), for example in cases of repeated violations of the General Local Ordinance (APV) Delft on noise nuisance. Prove negligence with unanswered letters and logbooks of incidents. You do not need to confront the offender yourself; that is the landlord's task. In serious cases, such as violence or drugs in student housing, immediately inform the Delft police for criminal proceedings via 0900-8844. Landlord insurances often cover legal costs. As a tenant in Delft, avoid escalation and document everything with photos, sound recordings and witness statements. The judge weighs the severity, duration and efforts of the landlord, taking into account local bustle due to events such as the Delft Chamber Music Festival. Successful cases in Delft show repeated notices of default. Consult the Juridisch Loket in Delft (Piet de Witlaan 82) for free advice or the municipality website delft.nl for nuisance rules. This way you maintain your rights in this student city without having to move immediately. (312 words)