What to do about a neighbor who smokes weed?

Questioner

I live in a porch apartment on the 1st floor. A year ago new neighbors moved in below me, he always smoked weed indoors but now that his daughter was born he does it on the balcony and together with his wife they are chain smokers. Even though all my windows and doors are closed and the drawers are also closed, the weed smell comes into my house. It starts at 6 pm and ends in the middle of the night around 3 am. Now I have asthma so I am short of breath and often wake up with a splitting headache because of the smell. I have already spoken to them about this but they do nothing about it, the housing association does not do much about it either, they also came by to say that I am bothered by it but no reaction and they just continue. My question is whether I can do something about this?

Lawyer

This is a defect in the rented property in the sense of the rental law. If the landlord rents both the property (to you and the nuisance maker) that is the case and you can put the landlord in default. You can demand that measures are taken and you have rights such as involvement of the rent committee and rent reduction/suspension of the rent. How does the air enter your home? Via the ventilation system?

Questioner

Thanks for your answer. The air comes in through the cracks in the door, everything is just closed. There is no ventilation system here, it is an older porch house.

Questioner

Thanks for your answer. The air comes in through the cracks in the door, everything is just closed. There is no ventilation system here, it is an older porch house.

Lawyer

You can address the landlord about the behavior of another tenant that causes a defect to become apparent in your case. The landlord must be put in default and he must seriously try to solve the problem. Within a certain time. If you want help, you can contact me directly.

Questioner

The district management has been to them but they give the excuse that their daughter was born and therefore they don't want to smoke weed indoors, which I understand of course, but now I'm having a lot of trouble. Before the birth they did it indoors. Now I have found neighbors who are also having trouble and have also filed a complaint with the housing association. And at the beginning of August a social management consultant will visit them at home. Whereby the housing association has already made it clear that they can do little about this.

Lawyer

They can certainly ensure that they reduce their behavior outside on the balcony or continue elsewhere. Or make a provision. It is best to communicate with the landlord in writing and set clear deadlines.

Questioner

Thanks for your help I will work with this information. Have a nice evening and a good weekend

Questioner

Good afternoon I waited for the social management consultant who would visit the pot smoking neighbors first week and then contact me when they had been there. Unfortunately I have not heard anything from them. I would like to take a step further to the housing association where I rent because I have not heard anything and they are not doing anything. Is this too soon or should I wait a bit longer? I did find a sample letter from the legal desk to use. Kind regards, Wendy

Lawyer

Yes, that is possible, it concerns a default of the landlord, which makes him liable for the damage after the default. However, because the damage is immaterial, I do not think that you will gain anything from it other than that the landlord will do his best sooner.