Resolving nuisance from neighbours? Legal advice at Rechtswinkel

Questioner

Dear Sir/Madam, We are experiencing a lot of nuisance from our now single (since 2018) neighbor. This misery started in 2013 and consisted of noise and odor nuisance and harassment. After her husband's death, fortunately some of the complaints decreased. At the moment it is very important, the enormous stench nuisance, which it causes, especially with east southeast and south winds. We can not open a window, no longer sit in the garden etc. Not even when it's hot in summer. It is an enormous penetrating smell, which is caused by years of heavy smoking and frying in the house. (because they have 'stone strips' as wall coverings, it has been absorbed quite a bit. We have regularly reported all this to our housing association Velision Wonen. The only thing they answer is to send us to neighborhood mediation. There we had a kind of intake interview, which if we were to continue with this will yield little result, except for more bullying. The question is: What else can we do, we are literally and figuratively getting sick from the stench. Which also comes into our bedroom. Kind regards, AK IJmuiden

Lawyer

The housing association gets off easy. You can insist that they enter into a conversation with the neighbour to limit the nuisance to a minimum. Minor nuisance should generally be tolerated. Only when serious nuisance occurs should the housing association intervene. You can also ask the municipality for enforcement if there is a case of enormous odour nuisance as you state. If you cannot reach an agreement and a legal dispute arises, please contact me immediately for consultation.

Lawyer

Such nuisance caused by a tenant of the same landlord (as yours) can be considered a defect/defects in the house you rented, with all the rights that go with it, such as: putting the landlord in default, suspending (a part of) the rent, price reduction application of the rent. Request for dissolution as a far-reaching legal remedy. In addition, there is also the neighbour law that offers you protection and possibly an enforcement request if the nuisance reaches the neighbourhood (but then you must know what your neighbour is violating, that will be a rule from an APV)

Questioner

I urged the housing association to have a conversation with the neighbor and also indicated that I had sought legal advice. And now suddenly everything is possible, and on April 30, 2019 she starts a conversation with the neighbor. to be continued......

Lawyer

I have just emailed you in response to your direct contact request.

Lawyer

Great, I'd like to hear the follow-up.