Action problems with psychotic neighbor?

Questioner

For months I have been trying to get my foot in the door with all the aid agencies because of my psychotic neighbor who terrorizes the entire neighborhood like a one-man army. Physical/mental threats, aggressive driving, vandalism of property and that of the housing corporation is daily fare. To give an example; in August he tried to force the door of my house by kicking it in at 09:00 while I was sleeping. I feel unsafe in my own home, my mother and girlfriend no longer dare to visit me. This causes a lot of stress, my upstairs and downstairs neighbors also do not dare to enter and/or leave the complex without supervision. He shouts from the apartment complex at unsuspecting people who are walking outside. The residents of the owner-occupied houses no longer let their children play outside, are afraid and are on edge. I have filed a report of threats, this case has been dropped. I was not allowed to file a report for kicking in the door, this is because I live in a rental property. After my mother was physically abused on 23-10-23, a dark energy has been circulating over the apartment complex, like a ticking time bomb. It is incomprehensible that someone with this degree of mental illness is allowed to live in social housing with five other households where there is only one entrance and exit. My mother suffered permanent injuries after the collision with him. This case was taken up by the Public Prosecution Service after my mother filed a complaint, this case will be heard in February 2024 together with more ongoing cases against the above-mentioned. For now, there is a contact ban, but the above-mentioned is already seeking confrontation and has no interest in imposed restrictions. The housing association does little to almost nothing about the nuisance/threats, according to the housing association, a file is necessary to evict someone, even with this degree of mental illness. This process has already been initiated, but it seems as if the housing association is turning a blind eye. However, many local residents are actively reporting, both to the housing association and to the police and GGD/GGZ. There is fear to enter and/or leave the home and there is fear in the neighborhood of escalation of very violent behavior. I myself am prepared to move, not only for my own safety, but also for those who are dear to me. But a home with urgency is not an option according to the housing association, they do not want to assist me. The housing association tells me to remain calm and to ignore (aggressive) deviant behavior of my neighbor. The housing association has a case pending against the above-mentioned, but due to privacy policy they do not tell what is discussed. A contract of conduct rules has not been imposed by the housing association, which is strange with these dimensions. The neighbor is not unknown to the police, and the GGZ/GGD have also been trying to provide the above-mentioned with the right help for years, but these are not accepted. Medication is also not taken, but drugs are actively used. He must live in supervised housing, where he is not a disruptive and threatening factor for people who are part of society. I think it is important to tell the history in as much detail as possible so that you know what the problem is. Because my case has been dismissed, I am still looking for legal help, this problem needs to be solved. The parties involved (housing corporation, police and mental health services) are sending you from pillar to post, no solution is in sight and the current problem continues to this day. My first question is; can the legal desk provide help with evicting the psychotic neighbor? My second question is; can the legal desk force the housing corporation to offer me another home of the same price and quality?

Lawyer

This sounds like a very difficult and stressful situation. I will try to give advice based on what you have described in relation to Dutch law. 1) Removing the psychotic neighbor from the home: In general, if a tenant misbehaves, the landlord can start legal proceedings to have the lease terminated. In such proceedings, it is very important to document the nuisance well. You have indicated that your neighbour's housing corporation is already building a file, which seems to be in line with this procedure. It may be useful to seek legal assistance to speed up this process, so that the housing corporation can act more quickly. A lawyer can help you with this. 2) Force housing association to offer you another home: Obliging a housing corporation to offer alternative housing can be a tricky business. Housing corporations usually have policies in place about when a tenant is entitled to alternative housing. Legally, you could argue that the housing corporation has breached its duty of care if it has not acted adequately on your reports of serious nuisance and violence. A lawyer can assist you with this and it is advisable to have this legally assessed to determine whether there are any options available to you. Again, this is general advice and may not be fully applicable to your situation. Each case is unique and I recommend that you contact a lawyer or attorney for professional legal assistance.' ---------------- Please note! This free advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.