Tenant or neighbour nuisances: remedies in Belgium
Noise, odour or behavioural nuisances in rental properties: landlord and tenant remedies, procedure and penalties in Belgium.
Types of nuisances in rental properties
| Type | Examples | Severity |
|---|---|---|
| Noise | Night-time music, shouting, works | Variable |
| Smell | Cooking odours, waste, tobacco | Medium |
| Behavioural | Aggression, property damage | High |
| Animals | Barking, droppings | Medium |
| Illegal activities | Trafficking, illegal cultivation | Very high |
Nuisances must be abnormal (exceeding the normal inconveniences of communal living) to justify a remedy. Neighbourhood disturbances are governed by the theory of neighbourhood disturbances (article 3.101 of the Civil Code).
Tenant remedies for nuisances
If the nuisances come from another tenant in the same building
- Report to the landlord in writing
- Report to the building manager if co-ownership
- Call the police to record the facts (number 101)
- Formal notice to the landlord requesting intervention
- Bring the matter before the justice of the peace if nothing changes
If the nuisances come from the building itself
Noisy heating, pipes, lift: this is the landlord’s responsibility. The tenant can request repairs and a rent reduction for loss of enjoyment.
Landlord remedies against a nuisance-causing tenant
The procedure
| Step | Action |
|---|---|
| 1. Formal notice | Registered letter requesting cessation |
| 2. Record | Police, bailiff, written testimonies |
| 3. Conciliation | Conciliation at the justice of the peace |
| 4. Summons | Proceedings before the justice of the peace |
| 5. Judgement | Lease termination and/or penalty payment |
Possible sanctions
The court can pronounce the termination of the lease at the tenant’s fault, with eviction and an order to pay damages. A penalty payment can be imposed for each new recorded nuisance.
[!tip] Practical tip Document each incident: date, time, nature, witnesses. A nuisance log is strong evidence before the court.
Acting effectively when facing nuisances
Respond from the first nuisances: the longer you wait, the worse the situation gets. Document everything and follow the amicable route before the judicial one.
Consult the rental disputes guide and the neighbourhood disturbances guide. Manage your properties with a rental management software.