Landlord's liability for nuisance | Rechtswinkel.nl

Questioner

Good day, Our company is located in a complex of various units. A ground floor and an upper floor per unit. We own the building and the building that borders us is partly rented out by the owner, he uses the ground floor himself, and the first floor is rented out. These tenants now cause a lot of nuisance, noise pollution, parties, parking nuisance, bullying, intimidation and so on. Can I hold the landlord liable for having a bad tenant? We have already contacted them several times to solve the problems, but without result, the landlord does not care, in any case the problems persist. Is the landlord responsible for the tenant's actions? or can the landlord be held liable? Can I demand that the landlord evicts the tenant? Thanks in advance for your response!

Lawyer

You can ask, but not demand. It is possible to provoke criminal proceedings by repeatedly reporting the matter to the police. You can also ask the judge to impose a judicial fine on the troublemakers. If the troublemakers continue with their unlawful nuisance, you must pay a fine (art. 6:162 jo art. 3:125 BW). Building a file is of great importance. Collect witness statements and record all nuisance with the time and times at which you call the police.

Questioner

Thank you very much for your response! We are now building up a nice file, in particular keeping all the text messages we sent to the owner at the time of the nuisance. To date the owner has not taken any action, which I don't think works in his favour either. Thanks again!