Wonen, Buren
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Hello,
A. has entered into a huuroverenkomst with B. over a room in a shared flat, also inhabited by C., D. and E. who had entered into a huuroverenkommst with B. around the same time as A. did. A. and E. are male, while C. and D. are female.
Over a period of less than 6 months problems occur. E. does not keep the comon areas clean and hords personal belongings in front of his room, causing a nuisance to A.,C., and D. . A. reacts by likwise taking less care of the common area. When C. and D. complain to A., A. postulates that there should be a cleaning schedule to compell E. to become aware and participate.
E. notices that A., is making him look bad so he starts spreading lies about A. who "enforced" the general will of the inhabitants. For some reason C. and D. are now scared of A. and ask him not to take their laundry out of the washing machine and instead, ask them to take it out, or wait for them to take it out when they come home.
One night A. comes home drunk and de-constructs a shelf which E. had left standing around in the common area ever since he moved in claiming he "couldnt find a buyer". Due to the noise C. awakens and confronts him about the noise. A. replies in a state of intoxication that he, E., "should have done this a long time ago". A. puts the shelf in a storage room and still in a state of intoxication foes to C.'s room to apologize. A. and C. have a short discussion, then A. leaves. E., who was not around at the time, returns a few days later confronting A. about the shelf. E. and A. have an argument, which they will not resolve. The same night E. invites C. and D. out for dinner. From this day onwards there is no more communication between A. and the rest of the inhabitants.
Some days later D. puts her clothing into the washing machine after coming home during the evening. The next day in the afternoon her clothes are still inside, next to the washing machine is a pile of clothing. A. is frustrated and takes out the girls clothing and throws it onto the pile on the floor. Later that day, C. comes home and noticing the clothes she goes to D. to inform her. C. then goes into A.'s room without his permission to confront him, but A. is not available.
C. then calls the "verhuurder" and "eigenaar" B. saying that her and D. dont feel save living with A. anylonger. B., an employee of hers, come to the shared flat and enter A.'s room to tell him that he has 2 months to move out. A. is surprised and asks B. what compelled her. B. explains that C., D. and E., as well as neighboors, have complained about A. being a nuisance. A. is speechless and asks why he wasnt told earlier that his behavior was creating a nuisance. B. replies that 1) she does not need to give him notice or a warning and that 2) C. D. and E. allege that they have been trying to talk to A. but that A. would not listen.
FINNISH: QUESTION:
1) What is the threshold for a nuisance? How often does a nuisance have to occur to be construed as being in violation of the principle of "goed huurschap".
2) Does the nuisance which A. caused when he de-constructed E.'s shelf itself amount to a violation of the principle of "goed huurschap"sufficient to terminate A.'s contract?
3) Does the removal of taking clothes out of the washing machine qualify as a nuisance by objective standards?
4) How could C. and D., being female, justify claims that A. poses a "threat" to their "well-being".
Most importantly: What the hell should A. do....?
A. has entered into a huuroverenkomst with B. over a room in a shared flat, also inhabited by C., D. and E. who had entered into a huuroverenkommst with B. around the same time as A. did. A. and E. are male, while C. and D. are female.
Over a period of less than 6 months problems occur. E. does not keep the comon areas clean and hords personal belongings in front of his room, causing a nuisance to A.,C., and D. . A. reacts by likwise taking less care of the common area. When C. and D. complain to A., A. postulates that there should be a cleaning schedule to compell E. to become aware and participate.
E. notices that A., is making him look bad so he starts spreading lies about A. who "enforced" the general will of the inhabitants. For some reason C. and D. are now scared of A. and ask him not to take their laundry out of the washing machine and instead, ask them to take it out, or wait for them to take it out when they come home.
One night A. comes home drunk and de-constructs a shelf which E. had left standing around in the common area ever since he moved in claiming he "couldnt find a buyer". Due to the noise C. awakens and confronts him about the noise. A. replies in a state of intoxication that he, E., "should have done this a long time ago". A. puts the shelf in a storage room and still in a state of intoxication foes to C.'s room to apologize. A. and C. have a short discussion, then A. leaves. E., who was not around at the time, returns a few days later confronting A. about the shelf. E. and A. have an argument, which they will not resolve. The same night E. invites C. and D. out for dinner. From this day onwards there is no more communication between A. and the rest of the inhabitants.
Some days later D. puts her clothing into the washing machine after coming home during the evening. The next day in the afternoon her clothes are still inside, next to the washing machine is a pile of clothing. A. is frustrated and takes out the girls clothing and throws it onto the pile on the floor. Later that day, C. comes home and noticing the clothes she goes to D. to inform her. C. then goes into A.'s room without his permission to confront him, but A. is not available.
C. then calls the "verhuurder" and "eigenaar" B. saying that her and D. dont feel save living with A. anylonger. B., an employee of hers, come to the shared flat and enter A.'s room to tell him that he has 2 months to move out. A. is surprised and asks B. what compelled her. B. explains that C., D. and E., as well as neighboors, have complained about A. being a nuisance. A. is speechless and asks why he wasnt told earlier that his behavior was creating a nuisance. B. replies that 1) she does not need to give him notice or a warning and that 2) C. D. and E. allege that they have been trying to talk to A. but that A. would not listen.
FINNISH: QUESTION:
1) What is the threshold for a nuisance? How often does a nuisance have to occur to be construed as being in violation of the principle of "goed huurschap".
2) Does the nuisance which A. caused when he de-constructed E.'s shelf itself amount to a violation of the principle of "goed huurschap"sufficient to terminate A.'s contract?
3) Does the removal of taking clothes out of the washing machine qualify as a nuisance by objective standards?
4) How could C. and D., being female, justify claims that A. poses a "threat" to their "well-being".
Most importantly: What the hell should A. do....?
Reactie van de vraagsteller
Geachte Juriste, geen idee?
Beste,
Dit is geen juridisch probleem en dus niet geschikt voor deze site. Het kan natuurlijk wel een juridisch probleem worden, maar voorlopig overleggen samen en als dat niet lukt: moven!