The Netherlands has 17 million residents who together own over 33 million pets. Dogs and cats are the most popular pets. Most are undoubtedly very sweet, but what if a tenant's pets cause a nuisance? What can you do as a landlord?
First, it is important to note that nuisance is a subjective concept. What one person does not find bothersome can be perceived as annoying by another. Usually, neighbours can work things out among themselves. However, in some cases, tensions run so high that a case involving pets ends up in court.
Noise Nuisance from Barking Dogs
That animal love can sometimes go too far was recently demonstrated by a tenant of a housing corporation. This animal lover not only had barking dogs but also slammed doors and pruned his hedge with a chainsaw. The housing corporation could sufficiently prove that there was various noise nuisance. On April 11, 2018, the court in The Hague ruled that the lease agreement should be terminated with an eviction period of two months.
Cackling Chickens in Court
Another tenant brought to court kept chickens. Neighbours complained about bad smells and noise nuisance. The court determined that there were only four chickens in the coop, and that number was not enough to cause significant nuisance according to the judge. On July 31, 2018, the Court of Appeal Arnhem-Leeuwarden ruled that the coop had to be moved. It is, of course, conceivable that the judge might have ruled differently if there had been a larger number of chickens or if crowing roosters had also been in the coop.
Lease Agreement Terminated
The aforementioned examples show that nuisance can result in the lease agreement being terminated and the rental property needing to be vacated. But when is there precisely a nuisance? Since each case is different, the judge examines each case individually. They will also take into account the circumstances. Is the noise from the barking dog continuous or occasional? Are they newly built apartments, or is the building decades old and therefore somewhat noisy?
Renting Out a House?
If you are going to rent out a property, you can make agreements about pets in consultation with the tenant. These agreements can be recorded in the lease agreement, which we always tailor to your needs.
Are you interested in renting out your property in The Hague and surrounding areas to expats? Do not hesitate and request a free introductory meeting today! HouseScout is happy to tell you all about renting out your property profitably.