Landlords regularly face nuisance-causing tenants. Tenants are entitled to considerable protection under the law and case law. As a landlord, what can you do about anti-social behaviour towards other tenants or noise nuisance, for example? When is the nuisance so bad that, as a landlord, you no longer have to tolerate it?

Obligation of the tenant
Article 7:213 of the Dutch Civil Code obliges the tenant to behave as a good tenant. When a tenant causes nuisance, he fails to fulfil his contractual obligations. Failure to comply properly may ultimately justify dissolution of the lease. Given the strong protection to which the tenant is entitled, this will not be an immediate case of nuisance. When there is systematic nuisance, it may be different.

When the landlord owns several flats in the same building, a tenant who experiences nuisance from another tenant of his landlord may request the landlord to take action against it.

Nuisance procedure
The Central Netherlands District Court recently ruled in a nuisance case in which a housing corporation received many nuisance reports from (immediate) neighbours of the tenants. Despite efforts by the housing corporation, police, municipality and assistance agencies, the noise nuisance caused by the tenants did not diminish. The housing corporation eventually initiated summary eviction proceedings against the tenants. It found that the nuisance was so serious that the tenants could no longer continue to live in the house for the sake of their neighbours. The court therefore had to rule on whether the nuisance was serious enough to evict the tenants.

Eviction in summary proceedings
In summary proceedings, eviction can only be granted if the tenants' shortcomings are so serious that the lease will most likely be dissolved in the proceedings on the merits (yet to be commenced) and that, in anticipation thereof, it is unreasonable to require the landlord to allow the tenants to continue using the dwelling. In doing so, the court should start from the facts with the limited review thereof, as summary proceedings do not lend themselves to further fact-finding and/or further evidence.

Nuisance file
That there was a nuisance was evident from the nuisance file that the landlord had sent along with the summons. The nuisance file consisted of 33 nuisance reports and a USB stick containing sound recordings of the noise nuisance caused by the tenants. Some cases had also been reported to the police. These were always reports of noise nuisance: loud music during the day and night, loud talking or shouting, arguments, threats, swearing, and barking dogs. In the later reports, neighbours also expressed concerns about the children, pets, domestic violence, pollution, multiple cars parked in the street and driving without a licence and without the children wearing seat belts.

Furthermore, the nuisance file showed that the landlord had addressed the tenants several times about the nuisance complaints she had received from neighbours. Together with the neighbourhood police officer, she had visited the tenants. What had been discussed the landlord had confirmed by letter to the tenants, pointing out that the tenants needed to modify their behaviour. After a report of barking dogs at night, there had been another conversation on how to stop the nuisance and agreements were made about this. The tenants promised improvement and pledged that no more reports would be received from then on. Despite that commitment, nuisance reports followed each other almost weekly.

Tenants were given one last chance to stop the nuisance. They were given two months to show progress. After one month, the situation would be evaluated. If no progress was made, the tenants would be asked to voluntarily terminate the rent. If rent termination was refused, legal proceedings would be initiated. However, the nuisance continued unabated.

Judgment of the court
Although the interim relief judge showed understanding for the tenants' difficult situation, the judge found that they had not behaved as good tenants and had caused too frequent and too serious a nuisance. The neighbours had felt unsafe for a long time and were no longer comfortable living in the neighbourhood. They were experiencing stress and sleepless nights due to the tenants' behaviour. In the nuisance reports, the neighbours described the situation as threatening and intimidating. It also followed from the nuisance file that the landlord, the police and relevant social services had advised the tenants several times to seek help with their problems, modify their behaviour and stop the nuisance, which they had not done. The landlord had already given sufficient opportunities and, together with the social services, had spoken to the tenants several times, to no avail. The tenants had not sufficiently shown that the landlord should give them another chance. The preliminary relief judge was also not convinced that the current situation would improve in the short term. The neighbours deserved tranquillity and the unrest should therefore be removed.

The interest of the tenants in being allowed to continue living in the property outweighed the landlord's interest in being able to evict the tenants in this case, according to the interim relief judge. There was a (serious) shortcoming on the basis of which the judge on the merits was likely to award the dissolution of the lease and the eviction of the dwelling. In the preliminary opinion of the interim relief judge, it was therefore justified to anticipate this by granting the claim for eviction of the dwelling. The tenants therefore had to vacate the property.

Conclusion
When a tenant causes a nuisance, it is important for the landlord to respond adequately and to ensure that a file is created with, among other things, reports, correspondence and agreements with the tenant in order to be able to prove in proceedings, if necessary, that there is a systematic nuisance.

Do you have questions or would you like advice on nuisance or other tenancy issues? Then contact one of our lawyers without obligation. We will be happy to assist you!