All rentals involve a lease agreement between a lessor (usually the owner of the rented property), and a tenant, for the use and enjoyment of a property, in return for payment of rent. If you rent 'furnished', this includes not only the furniture, but also kitchen utensils, crockery and blankets.It does not usually include sheets, towels, kitchen towels, etc. Ask for an inventory, so that you are protected in case of a dispute. If you are renting "unfurnished", you should know that most flats of a minimum standard have fully equipped kitchens, but curtains, curtain rods, carpets and fixed lights (ceiling lights and wall lights) are generally not included in the rent. The tenant must respect the rules of the condominium. It is therefore advisable to read them before signing a lease.
Duration of the lease :
All lease contracts have a fixed term, which is normally 9 years.
short-term leases (duration of 3 years or less);
long-term leases (more than 9 years); /span>
At least three months before the end of the contract, the tenant and the landlord can each terminate it by sending a notice. If neither of them reacts, the lease continues for another three years and so on. The landlord may terminate the lease for personal occupation, or to carry out work on the property. If the lease is terminated without a legal basis, the landlord will be required to pay compensation to the tenant. The tenant may terminate the lease at any time provided that he gives the landlord 3 months' notice. If this happens during the first 3 years of the lease, he will have to pay a compensation of one month.
The amount of the rent :
The rent is freely fixed by the parties. The rent may be indexed once a year on the date the lease comes into force. Indexation allows the rent to be adapted to the cost of living according to an official index set by the State. It is available on the internet.
This indexation is not automatic, the landlord must notify the tenant in writing.
Condition of the premises :
Must be drawn up within the first month of occupancy, preferably when the flat is still empty (within the first 15 days for a lease of less than one year), at the initiative of the landlord and/or the tenant. This inventory of fixtures must be registered by the landlord with the lease. If the inventory of fixtures is carried out by an expert (choose your own or agree with the landlord), the costs will be shared between the landlord and the tenant. The inventory of fixtures is a document that contains a detailed description of the state of the property when the tenant moves in. To be valid, it must
Be drawn up in the presence of both parties;
Be dated and signed by the lessor and the lessee;
be detailed. The tenant must return the rented property in the condition in which he received it. He must repair any damage, except that caused by obsolescence, force majeure or normal use of the rented property.
Registration of the lease and the inventory of fixtures :
Once you have signed a lease, the landlord has 4 months to register it. If the lease has not been registered, the tenant can leave without notice or compensation and the landlord risks a tax fine. To register your lease, you must send two original copies to
Rue de la Régence, 54 1000 Brussels
T 02 578 09 73
Tenant and owner: who pays what?
To be paid by the tenants :
The salary of the manager or trustee and the caretaker; maintenance of the caretaker's premises; maintenance of the lift.
Private consumption (water, gas, electricity, heating, telephone), including charges and meter fees.
Consumption of common premises; taxes on the use of the property (rubbish, municipal taxes, power, etc.).
Maintenance of common premises and equipment (lift, lobby windows, central heating, stairs, etc.).
Occupier's insurance (liability insurance); chimney sweeping.
Replacement of fuses, sockets, light bulbs, repairs following a short circuit.
Cleaning and maintenance of gutters and pipes (frost protection); maintenance of the septic tank; cleaning of pavements.
Maintenance of burners and valves in a gas installation.
Good to know:
Your future landlord may ask you what you are paid. And may even ask for a pay slip but you have the right to hide the data. (like the name and address of the employer). The landlord (owner) can ask the new tenant for proof of payment for the last three months in the previous accommodation.
At the owner's expense :
Repairs to the caretaker's premises and repairs to the lift.
Bank charges, withholding tax and property tax.
Fire insurance for the building and recourse from third parties; management liability insurance; purchase, maintenance or rental of fire extinguishers.
Purchase of common equipment (lawnmower, waxing machine,...); common planting; roof repairs; renewal of sanitary facilities.
Replacement and major maintenance of the heating system (annual maintenance is the responsibility of the tenant).
Renewal of the paintings of the entrance hall, the façade, the entrance door, the exterior woodwork after normal wear and tear.
Repairs to balconies.
Renewal of wallpaper and wall coverings after normal wear and tear; repairs to balconies.
Repairs to gutters, drains, cornices; cleaning of wells, maintenance and repair of external pavements.
Maintenance of the façade; maintenance of gas pipes; replacement of an old electrical installation.
Maintenance and repair of tanks; replacement of flooring or paving.
The tenant is supposed to take care of the rented property in a "good father of the family" manner. The inventory of fixtures at the end of the lease does not make any gifts.
Rental guarantee :
It cannot exceed 2 months' rent. The guarantee is used to cover any damage caused by the tenant to the rented property or failure to comply with the lease termination clauses.
The guarantee can only be released with the agreement of the landlord and the tenant at the end of the lease.
There are two forms of guarantees:
- the guarantee paid into an individual account,
- the bank guarantee.
The tenant applies to his bank for a guarantee from the landlord for an amount not exceeding three months' rent.
Good to know: