Understanding Landlord and Tenant Obligations in Belgium

It is important to always take into account the start date of the lease agreement and the region where the property is located in Belgium.

Applicable Rental Legislation in Belgium

Flanders

• lease agreements signed before January 1, 2019 are subject to federal rental law
• agreements signed from January 1, 2019 onwards are governed by the Flemish Housing Decree
• Article 25, 26 et 28 du Décret flamand sur la location de logements

Brussels

• the Brussels Housing Code applies
• Article 223 du Code bruxellois du logement

Landlord Obligations

As a landlord, you have several key responsibilities.

Providing a Property in Good Condition

You must deliver the property in a good, safe and habitable condition. This includes essential requirements such as structural stability, waterproofing, electricity, heating and ventilation. The property must meet health and safety standards.

Registering the Lease Agreement

Registering the lease is a legal requirement in Belgium. It protects both parties. The tenant is safeguarded against unlawful eviction, while the landlord benefits from legal certainty regarding the lease terms.

Maintenance and Repairs

The landlord is responsible for major repairs and structural maintenance, including defects and wear due to age. Minor repairs and routine maintenance are the tenant’s responsibility.

Ensuring Peaceful Enjoyment

The tenant has the right to quiet and uninterrupted use of the property. As a landlord, you cannot enter the property without valid reason or prior agreement. An annual inspection is allowed but must always be arranged with the tenant.

Tenant Obligations

Paying Rent on Time

The tenant must pay rent and additional charges on time in accordance with the lease agreement. Late or missed payments can lead to legal action.

Providing a Rental Guarantee

Although not legally mandatory, a rental guarantee (security deposit) is usually included in lease agreements. It protects the landlord in case of damage or unpaid rent.

Maintaining the Property

At the end of the lease, the tenant must return the property in the same condition as at the start, except for normal wear and tear. Any changes must be restored unless otherwise agreed.

Taking Out Insurance

Both parties must be insured. The landlord insures the property, while the tenant must take out fire insurance including tenant liability coverage.

Who Pays for What?

A common source of conflict concerns the division of costs. The general rule is:

• the landlord covers most repairs
• the tenant is responsible for minor maintenance and cleaning
• the tenant pays for damage caused by improper use or negligence
• the tenant may be liable if they fail to report necessary repairs

Repairs due to normal wear and tear or force majeure remain the landlord’s responsibility.

Smooth Rental Management for Both Parties

A successful rental relationship starts with clear agreements and mutual respect. A transparent and professional approach helps avoid most issues.

At TREVI Rental Management, we understand that managing rental property requires time and expertise. That is why we offer full-service rental management, covering administration, maintenance and legal support.

Manage Your Rental Property with Confidence

Do you want to rent out your property without stress and ensure full legal compliance? TREVI Rental Management provides expert support and tailored solutions to protect your investment.

Contact TREVI today and enjoy hassle-free property management.

Contact us for more information