Legal Procedure for Termination of Rental Agreement Due to Nuisance in Amsterdam
Initiate a procedure with the Amsterdam subdistrict court using a writ of summons and evidence. Request termination plus damages. Duration: 3-6 months, free for low-income individuals via the Legal Counter Amsterdam.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Amsterdam, a procedure to terminate a rental agreement due to tenant nuisance is initiated at the subdistrict court of the District Court of Amsterdam (Amsterdam location). Submit a writ of summons via a bailiff, with costs approximately €85. Gather strong evidence: reports to Amsterdam neighbourhood teams, nuisance logs, witness statements, neighbourhood watch reports, and medical certificates regarding sleep disorders. The judge assesses whether the nuisance impedes the enjoyment of the dwelling (Article 7:270 of the Dutch Civil Code) and whether the landlord failed in enforcement. Request an interlocutory injunction in acute situations, such as night-time parties in the Jordaan or Oost districts. Landlords may present a defence, for example, by referring to reports made to the Municipality of Amsterdam. If granted, termination will take effect retroactively, along with compensation for additional costs. The procedure typically lasts 3-6 months. Tenants with an income below €28,000 are exempt from court fees; verify this at the Legal Counter Amsterdam at IJdok. Consider a provisional measure for temporary housing via the Social Support Act (Wmo) or Amsterdam Housing Support Centre. Consult the Amsterdam Tenants’ Union or a specialised tenancy lawyer; legal aid via the Legal Aid Board is often available. Alternative: the Rent Commission for rent adjustments. In urgent cases, address rental disputes through the municipality. Success depends on evidence, such as court cases concerning structural noise nuisance in De Pijp without intervention from the landlord or neighbourhood police officers. After termination, seek a new home via WoningNet; the landlord may sometimes cover moving costs or estate agent fees. Continue paying rent until the ruling to avoid eviction by the bailiff. In Amsterdam’s tight rental market, many residents report nuisance to the Tenants’ Helpline for free advice.