A resident landlord may be complicit in the nighttime fuss of others in their home if they let them. This is recalled by the Court of Cassation in its judgment of 26 February 2020.
The police, who had been warned by a neighbor, had gone to his house and in the middle of the night saw many screams, laughs and screams... The sounds came from a party at a nearby house. The owner is then fined €300 for complicity in a nighttime disturbance by the police court.
In his appeal on a point of law, the owner relies on the case-law concerning similar facts. For him, the complicity of the nighttime noise cannot be inferred from mere abstention but must be the result of personal and conscious facts.
Despite these arguments, the Court of Cassation upholds the Court of Appeal's ruling. For her, the father of the family is guilty of complicity in the contravention of noise or nocturnal noise disturbing the tranquility of others.
It states that the person concerned allowed the persons present under his roof to cause disorder. As a landlord and a father, he should have stopped the nighttime ruckus that was going on in his home.
