top of page

Noise pollution from neighbors. Address the landlord?

First, what matters is: are your neighbors renting from the same landlord or not?

This is because it makes a difference whether your noisy neighbors rent from the same landlord as you or not. If they rent from the same landlord, the landlord has more opportunity to intervene. For example, the landlord can then hold the nuisance-causers accountable for their behavior or, in extreme cases, terminate the lease with them. If the nuisance-causers do not rent from the same landlord, your landlord has fewer opportunities to intervene. In that case, you could take action yourself by calling in the police or the municipality, for example.

Good tenancy

Pursuant to Article 7:213 of the Dutch Civil Code, a tenant is obliged to behave as a good tenant with respect to the use of the leased property. This means that the tenant may not cause nuisance. If the neighbors do not behave as good tenants, you can appeal to your landlord to hold your neighbors accountable. However, the landlord's obligation to act against a nuisance tenant does not extend to neighbors who are not in a contractual relationship with the landlord. Thus, it is important that you report the nuisance to your landlord and gather evidence of the nuisance. If the landlord does not act on the nuisance, despite the fact that you have called him on it (and despite the fact that the tenants also rent from him), you may have to take legal action. You could call in the municipality's rental team, which can come and take a noise measurement with equipment. Note here: the nuisance must not only be subjective, but also objectively determinable. However, if the landlord can prove that he has done everything possible to stop the nuisance, then it cannot be assumed that the landlord is in breach of his obligations to the tenant experiencing the nuisance.

1 view0 comments


bottom of page