What should the housing association do?

Questioner

We have neighbors who smoke weed, this was proven by the police investigation, not a grow house. The weed smell (stench!) comes in with closed windows and doors and we get health problems because of it (headache, burning eyes/nose, shortness of breath), this was daily for months last year and now daily again for 2 weeks. The dogs are also sick. Housing association does nothing because smoking weed is allowed. The lease agreement contains a provision about drugs, including that you are not allowed to have it present. The neighbors also have a code of conduct stating that they are not allowed to cause any nuisance in any form whatsoever, otherwise the lease will be terminated. Housing association continues to deny that the neighbors smoke weed and that the stench enters our home and does nothing. Does this fall under bad tenancy, unlawful act, stench nuisance? And should the housing association take action against this? Our living pleasure has been damaged by this.

Lawyer

Yes, it falls under all the grounds mentioned. I recommend keeping a logbook and collecting other evidence. Neighbor may smoke but not cause serious nuisance. The landlord must look for a solution that is the least burdensome for both, for example that neighbor smokes under a flue gas installation, at agreed times, etc. If all that is not possible, the more severe measures come into play.

Questioner

Thank you Mrs. Ferwerda for your answer. We have been keeping a logbook for over a year. We report to the housing association by email every 3 weeks. We smoke along without asking and what does that do to our health? Can we also involve the rent committee in this because of a defect in the house, for example? What do you mean by the heavier means?

Lawyer

Yes, you can report it to the rent committee because it is a defect in the rented property (your home). In the complaint, you can formulate another yourself. Incidentally, you are not obliged to go to the rent committee, you can also go to the civil court. You can request a rent reduction or suspend the rent as a means of pressure. A more serious means is, for example, actually terminating a rental contract.

Questioner

So there is still something possible, that is good to hear. The only option we were given was that we had to move ourselves. Termination of the lease agreement, that will have to be requested by the housing association based on the nuisance, the signed code of conduct and the provisions in the lease agreement, I think we cannot do that ourselves.

Lawyer

Yes, what you need is a third independent party, rent assessment committee or judge who can look into the problem and put pressure on it.

Questioner

Mrs Ferwerda, thank you very much for answering! It gives us a little courage again.