Legal Procedure for Termination of Rental Agreement Due to Nuisance in Tilburg
Initiate a procedure at the Tilburg cantonal court with a writ of summons and evidence. Request termination plus damages. Duration: 3-6 months, free for low-income individuals via the Legal Counter Tilburg.
AA
Arslan AdvocatenLegal Editorial
2 min leestijd
In Tilburg, a termination procedure due to tenant nuisance is initiated at the cantonal court of the District Court Oost-Brabant, Tilburg location (address: Schouwburgplein 97). Submit a writ of summons via a bailiff, with costs around €85. Gather solid evidence such as complaint letters to the landlord, a detailed logbook of the nuisance, witness statements, and medical reports on health complaints. The judge assesses whether the nuisance impedes the enjoyment of the dwelling (Article 7:270 of the Dutch Civil Code) and whether the landlord has failed to intervene adequately, for example, despite reports to the Municipality of Tilburg.
Request a preliminary relief procedure in cases of acute danger, such as noise nuisance in densely populated neighborhoods like Oud-Zuid or the Spoorzone. The landlord may present a defense, referring to their own warnings or contact with the community police officer of the Tilburg Police. If granted, termination will take effect retroactively, along with compensation for additional costs. The procedure typically lasts 3-6 months; no court fees apply for tenants with an income below €28,000.
Consider a provisional arrangement for temporary accommodation via the Wmo desk of the Municipality of Tilburg. Consult the Tilburg Tenants’ Team (accessible via Woonbond Midden Brabant) or a lawyer through the Legal Counter on Heuvelstraat; legal aid (pro bono) advice is available for those on low incomes. Alternatively, consider mediation via the Rent Tribunal or rent freeze in cases of urgent need. Success depends on the strength of the evidence; Tilburg judges often terminate agreements in cases of prolonged nuisance without landlord action, such as in cases involving party noise in the city center.
After termination, seek new housing via housing corporations Tiwos or Zayaz; the landlord may sometimes cover moving costs or real estate agent fees. Continue paying rent until the judgment to avoid forced eviction by the bailiff. Local tip: First report the nuisance to the Nuisance Team of the Municipality of Tilburg for additional evidence.