Balancing tenants’ rights while addressing neighbour nuisance in Switzerland, Germany and the Netherlands

Abstract

Tenants that suffer from neighbour nuisance regularly turn to the owner of the property from which they rent: the landlord. If neighbour nuisance is addressed by landlords, they have to balance the rights of the nuisance tenant and the rights of the suffering neighbours. This paper analyses the way in which Swiss, German and Dutch law deal with the conflicting obligations in case of addressing neighbour nuisance. The following questions are addressed: 1) If tenants are victims of neighbour nuisance can the suffering tenants legally oblige their landlord to comply with his/her positive obligation that arise from the tenants’ rights and, consequently, tackle the nuisance? 2) If a tenant causes neighbour nuisance, could that behaviour eventually result in the eviction of the problem tenant? 3) In the case a landlord wishes to evict the nuisance tenant, which substantive and procedural legal requirements protect the tenants from the termination of the tenancy agreement and/or eviction?