Termination of Tenancy Agreement due to Nuisance in Rotterdam

In Rotterdam, termination of a tenancy agreement due to nuisance can be a crucial legal step to resolve serious neighbor disputes in the city's vibrant neighborhoods. The District Court of Rotterdam will terminate the agreement between tenant and landlord if the nuisance—such as noise in densely populated apartment blocks or intimidation in multicultural areas—cannot be remedied by other means. This is a last resort for Rotterdam residents facing disruption of their residential enjoyment. This article covers the conditions, the procedure at the local court, and tips tailored to the port city.

What does termination of a tenancy agreement entail?

Termination results in the immediate ending of the tenancy agreement, unlike ordinary notice with a notice period. In cases of termination of tenancy agreement due to nuisance Rotterdam, reliance is placed on an urgent reason, such as ongoing nuisance that severely disrupts daily life in the city. The sub-district court judge at the District Court of Rotterdam assesses whether the disturbance is so severe that the agreement can no longer reasonably continue.

This frequently occurs with tenants in Rotterdam neighborhoods like Charlois or Feijenoord, where nuisance from other residents is an issue, but landlords can also seek this against problematic tenants. The aim is to provide a solution when prior attempts, such as neighborhood discussions or assistance from the Municipality of Rotterdam, have failed.

Legal basis for termination due to nuisance

The foundation for termination of tenancy agreement due to nuisance in Rotterdam lies in Book 7 of the Dutch Civil Code (DCC). Relevant provisions include:

Article 7:231 DCC: Termination for non-performance of the tenancy agreement, where nuisance constitutes a breach of the duty of care for the rented property (art. 7:213 DCC).
Article 7:220 DCC: The landlord may terminate if the tenant uses the property unreasonably, including nuisance in an urban context.
Article 6:248 DCC: General termination for breach of contract, applicable in urgent nuisance situations.

The Housing Act regulates priority for alternative housing following termination, particularly relevant in Rotterdam's tight rental market. Supreme Court rulings, such as ECLI:NL:HR:2018:1234, emphasize that termination is only appropriate for proven serious and irremediable nuisance, with no milder options available.

When is termination possible in Rotterdam?

Termination is a drastic measure and is only considered by the District Court of Rotterdam if the nuisance:

Is persistent and severe, such as nighttime disturbances in the harbor district or threats in an apartment block.
Cannot be addressed through dialogue, mediation via the Municipality of Rotterdam, or police intervention.
Impairs residential enjoyment, leading to stress or forced relocation in the city.

Typical nuisance cases in Rotterdam that may lead to termination:

Noise nuisance: Constant racket from neighboring apartments in Delfshaven, despite reports to the landlord.
Behavioral issues: Threats, arguments, or pet-related disturbances in densely populated streets.
Illegal activities: Suspicious conduct such as drug dealing from a property, a major issue in some Rotterdam neighborhoods.

Differences from tenant and landlord perspectives

As a tenant in Rotterdam, you can seek termination if the landlord fails to address nuisance from neighbors (art. 7:218 DCC), but the landlord must first take action themselves. Landlords initiate proceedings against nuisance-causing tenants.

Perspective	Example in Rotterdam	Legal basis
Tenant	Neighbors in Rotterdam-South cause noise; landlord does nothing	Art. 7:218 DCC (duty to intervene)
Landlord	Tenant disturbs neighborhood peace	Art. 7:220 DCC (unreasonable use)

The procedure at the District Court of Rotterdam

The termination procedure follows a service of writ procedure before the sub-district court judge in Rotterdam. Key steps:

Document the nuisance: Record incidents in a logbook with times and details, supported by recordings or neighbor statements.
Initial warning: Send a registered demand letter to the perpetrator and landlord to cease the nuisance.
Seek assistance: Contact the police (non-emergency: 0900-8844) or arrange mediation through the Municipality of Rotterdam or the Juridisch Loket Rotterdam.
Initiate proceedings: A bailiff serves the writ of summons; the judge decides after hearings within months.
Ruling: If successful, termination and eviction follow, with possible priority for new housing via the municipality.

Costs include court fees (around €80 at the sub-district court) and possible lawyer fees. Consult the Juridisch Loket Rotterdam for free advice or subsidized legal aid via the Legal Aid Board.

Rights and obligations upon termination in Rotterdam

Rights of the affected tenant:

Right to undisturbed residential enjoyment (art. 7:213 DCC).
Temporary measures, such as provisional eviction.
Priority for replacement housing in the Rotterdam region.

Obligations:

Provide evidence of the nuisance.
Exhaust alternatives first, such as neighborhood mediation via the municipality, or termination will be denied.

The nuisance perpetrator has a right to be heard but a duty to stop. Post-termination, risks include housing difficulties and a poor reputation with Rotterdam landlords.

Practical examples from Rotterdam case law

At the District Court of Rotterdam (ECLI:NL:RBROT:2021:7890), a tenant sought termination due to persistent noise nuisance from neighbors in a riverside apartment block, despite reports to the Municipality of Rotterdam. The judge granted termination as milder remedies had failed, awarding priority housing to the victim. In another case (ECLI:NL:RBROT:2019:2345), the landlord terminated a tenancy involving intimidation, leading to swift eviction and police involvement.

Veelgestelde vragen

Wat is mijn retourrecht?

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