Noise nuisance by the tenant: landlord's remedies
Your tenant is causing noise nuisance in Belgium. Landlord's rights, mediation, formal notice, police, justice of the peace and lease termination.
Noise nuisance: Claire’s situation
Claire owns an apartment on the 3rd floor of a 12-unit building in Brussels. Her tenant regularly organises noisy parties that disturb the neighbours, particularly at weekends.
The building manager has already written to Claire twice. The downstairs neighbours threaten to file a complaint. The co-ownership regulations require silence between 10pm and 7am — the tenant does not respect this rule.
Claire is in a delicate position: she is liable towards the co-ownership for her tenant’s behaviour, even if she is not present during the nuisance.
The landlord is liable for their tenant’s nuisance towards the co-ownership (regulations) AND towards the neighbours (neighbourhood disturbance, article 3.101 of the Civil Code). Inaction worsens their position.
Step-by-step procedure
Step 1: Friendly reminder
Contact the tenant by phone or in person. Remind them of the co-ownership regulations (provided to the tenant before signature of the lease). Often, a courteous reminder suffices.
Step 2: Written letter
If the nuisance persists, send a written letter (email + paper copy):
- Summary of complaints received (without naming the neighbours)
- Reference to the co-ownership regulations and to the lease
- Request to cease the nuisance
Step 3: Formal notice by registered letter
Registered letter as formal notice:
- History of complaints and previous reminders
- Reference to article 1728 of the Civil Code (obligation of quiet enjoyment)
- Mention of the termination clause of the lease
- 15-day deadline to cease the nuisance
Step 4: Police
If the nuisance continues, advise the neighbours to call the local police during the next incidents. The police report is valuable evidence for the next steps.
Step 5: Justice of the peace
If nothing works, refer to the justice of the peace for lease termination.
Before the justice of the peace
What the judge can decide
| Decision | Conditions |
|---|---|
| Judicial warning | First instance, moderate nuisance |
| Penalty payment | X EUR per day of nuisance after the ruling |
| Lease termination | Serious, repeated nuisance despite formal notices |
| Damages to the neighbours | If the landlord remained inactive |
Evidence to gather
- Copies of letters and formal notices sent to the tenant
- Police reports (night-time disturbance)
- Written testimonies from neighbours
- Letters from the building manager
- History of complaints with dates
Timeline
The procedure takes 2 to 4 months on average. In urgent cases (serious disturbance), the judge can rule in summary proceedings (a few days).
Preventive clauses in the lease
Before signing
- Provide extracts from the co-ownership regulations (lease in co-ownership)
- Include a clause requiring compliance with quiet hours
- State that repeated nuisance constitutes grounds for termination
- Include a visit clause allowing verification of disturbances
Candidate screening
- Ask for references from previous landlords
- Check the number of occupants (risk of overcrowding = noise)
- Assess the profile (students in shared housing vs family = different risks)
A rental management software centralises complaints and letters to build a solid file. To create a lease with good-neighbour clauses, use our online lease generator. For other cases, see our case studies.