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Terminating Lease Due to Nuisance in Westland

How do you terminate your lease in Westland due to serious nuisance? Steps, rights, and local tips for Rechtbank Den Haag and Juridisch Loket Westland.

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Terminating Lease Due to Nuisance in Westland

Nuisance from neighbors or others in Westland can be so severe that you as a tenant wish to terminate your lease agreement. When is this possible? What steps do you take? This article discusses how to terminate your lease in Westland due to nuisance, your rights and obligations as a tenant.

What Counts as Nuisance in a Rental Property in Westland?

Nuisance varies:

  • Noise from nighttime renovations or loud music.
  • Odors from smoke, mold, or garbage.
  • Threats, intimidation, or fights.
  • Repeated parties with large crowds.
  • Parking problems or blockages in front of your driveway.
If it seriously disrupts your enjoyment of living in Westland or harms your health, you may consider termination.

Legal Basis

Regulated in art. 7:270 Civil Code. Tenants have the right to quiet enjoyment of the property. In case of inaction by the landlord, you may terminate. Relevant general terms and conditions clauses also apply.

Key Articles:

  • Art. 7:270 CC: Termination due to serious breach by landlord.
  • Art. 7:268 CC: Landlord's maintenance obligation.
  • Art. 7:271 CC: Rent reduction for defects.

When Can You Terminate in Westland?

Conditions:

1. Serious and Persistent

Not incidents, but ongoing nuisance such as sleepless nights due to noise, health issues from odors, or fear due to aggression.

2. Landlord Notified Without Result

Written notifications (registered mail or email), reasonable response time (weeks to months), no action such as warning the nuisance maker or legal steps.

3. Unreasonable to Continue

The judge of District Court of The Hague (district Westland) weighs whether termination is proportionate.

Step-by-Step Plan for Termination in Westland

  1. Document Everything: Diary with dates/times, photos/videos (privacy-compliant), witness statements.
  2. Notify Landlord in Writing: First registered letter with deadline (e.g., 14 days).
  3. Second Summons: If no improvement, repeat with termination threat.
  4. Seek Help: Contact Juridisch Loket Westland for free advice.
  5. Involve the Court: Summons via District Court of The Hague for termination judgment.
  6. Execution: After judgment, vacate the property, terminate rent.

Tips Specific to Westland

In Westland, nuisance escalates quickly due to greenhouses and population density. Also report to Municipality of Westland for public order. In case of urgent threat: police.

Alternatives to Termination

Consider rent reduction, mediation via Huurteam Westland or Woonbond.

Disclaimer: This is general advice. Consult Juridisch Loket Westland or a lawyer for your situation.