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Terminate Rental Agreement Due to Nuisance in Amsterdam

Suffering from serious nuisance in Amsterdam? Learn how to terminate your rental agreement: steps, laws, and local assistance such as Rechtbank Amsterdam and Juridisch Loket.

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Terminate Rental Agreement Due to Nuisance in Amsterdam

Nuisance from neighbours or others can be so extreme in Amsterdam that you as a tenant wish to terminate your rental agreement. When is this possible? What steps do you take? This article explains how you can terminate your rental agreement in Amsterdam due to nuisance, your rights and obligations as a tenant.

What Counts as Nuisance in an Amsterdam Rental Property?

In the vibrant city of Amsterdam, nuisance is common, such as:

  • Excessive noise: nightly party racket, construction work after 23:00, or continuous loud music.
  • Odour nuisance: cigarette smoke through open windows, cooking smells, or mould due to canal moisture.
  • Aggression: verbal abuse, threats, or intimidation in hallways.
  • Parties and crowds: frequent gatherings with noise late into the night.
  • Parking problems: blocking bike paths or cars in front of your door in narrow streets.
If this disrupts your enjoyment of living in Amsterdam or affects your health, you can consider termination.

Legal Basis in Amsterdam

Termination due to nuisance falls under art. 7:270 Civil Code. Tenants have the right to peaceful enjoyment of their home. In Amsterdam, local rules also apply via the Rental Act and General Terms for Rental Properties. If the landlord fails to act, you can go to court.

Relevant articles:

  • Art. 7:270 CC: Termination by tenant due to serious landlord faults.
  • Art. 7:268 CC: Landlord must keep the property habitable.
  • Art. 7:271 CC: Rent reduction possible in case of defects.

When Can You Terminate in Amsterdam?

Conditions:

1. Serious, Persistent Nuisance

Not one-offs, but structural: sleep disruption for weeks, health issues due to odours, or fear due to aggression.

2. Landlord Fails After Warning

Report in writing (email/letter), reasonable response time (2-8 weeks). No action? Then grounds for termination.

3. Unreasonable to Continue

The court assesses whether continuing is impossible.

Step-by-Step Plan for Amsterdam

  1. Document Everything:
    • Diary with times, dates, and details.
    • Photos/videos (GDPR-compliant).
    • Witness statements.
  2. Report in Writing to Landlord:
    • Registered letter or email with deadline (e.g., 14 days).
    • Repeat if ignored.
  3. Seek Assistance:
    • Call Juridisch Loket Amsterdam, Vijzelstraat 77 (020-5338430).
    • Report to Amsterdam Neighbourhood Team or police non-emergency (0900-8844).
  4. Go to Court: File summons at Rechtbank Amsterdam, Parnassusweg 220. Request termination and possible compensation.
  5. Execution: After judgment, vacate within 1 month, otherwise risk of damage claim.

Amsterdam-Specific: Rental Team and Reporting Points

Consult Huurteam Amsterdam for advice. For noise nuisance: Municipality of Amsterdam Nuisance Reporting Point (020-2548888). For housing association property: report to association such as Ymere or De Key.

Tips for Success

  • Be detailed in evidence.
  • Consult with neighbours for joint complaint.
  • Consider rent reduction as an interim step.

Disclaimer: This is not legal advice. Consult an expert.