Tenant Not Respecting the Lease? Here’s What You Can Do

Unpaid Rent: What If Your Tenant Does Not Pay?

One of the most common concerns for landlords is a tenant who does not pay rent on time. Under Belgian law, rental arrears of two to three months may be sufficient grounds to terminate the lease agreement. However, you cannot evict a tenant without following the proper legal procedure.

Steps you can take:

• contact your tenant, as the issue may be due to a misunderstanding or temporary financial difficulty
• send a formal registered notice to officially inform the tenant of the arrears and set a deadline
• initiate legal proceedings through the justice of the peace if no solution is found

In many cases, the judge will attempt mediation first. If the tenant still refuses to pay, the court can enforce payment of the outstanding rent and, in some cases, terminate the lease agreement.

At TREVI Rental Management, we handle this entire process on behalf of landlords. We ensure structured follow-up of rent payments, clear communication with tenants and, if necessary, legal action.

To learn more about how unpaid rent is handled, read our blog article “Tenant Not Paying Rent? How a Property Manager Protects Your Investment”.

Property Maintenance Obligations: What If the Tenant Neglects the Property?

In addition to paying rent, tenants are legally required to maintain the property with reasonable care. Unfortunately, some tenants fail to meet this obligation, which can lead to damage.

What can you do as a landlord?

• conduct a property inspection at least once a year, with the tenant’s written consent
• document any damage by taking photos and gathering evidence
• send a formal notice requesting repairs
• take legal action if the tenant refuses to carry out the necessary work

A well-documented file, combined with the initial property condition report, is essential if disputes arise.

When Can You Terminate a Lease Agreement Early?

Short-Term Lease Agreements (3 Years or Less)

For contracts concluded before January 1, 2019, early termination is not possible unless both parties agree.

For contracts signed from January 1, 2019 onwards, tenants may terminate the lease at any time without providing a reason, with a three-month notice period. Compensation is required, depending on the year of termination:

• 1.5 months’ rent during the first year
• 1 month during the second year
• 0.5 month during the third year

The landlord does not have a legal right to terminate the lease early in these cases.

Standard Lease Agreements (9 Years or More)

Tenants may terminate the lease at any time with a three-month notice period. Compensation applies during the first three years:

• 3 months’ rent in the first year
• 2 months during the second year
• 1 month during the third year

After three years, no compensation is required.

Landlords may terminate the lease under certain conditions:

• for personal use or use by family members, with a six-month notice period
• only from the third year onward for contracts signed after January 1, 2019
• the property must be occupied within one year and for at least two years, otherwise compensation of 18 months’ rent is due

Termination is also possible for major renovation works that make the property temporarily uninhabitable. These works must be properly justified and start within six months of termination, otherwise compensation of 18 months’ rent applies.

After three years, landlords may terminate the lease without specific reason, subject to compensation:

• 9 months’ rent after the third year
• 6 months’ rent after the sixth year

After nine years, no compensation is required.

Prevention Is Better Than Cure

At TREVI Rental Management, we understand that rental management can be complex and time-consuming. That is why we offer a full-service solution that allows you to fully delegate the management of your property.

We ensure accurate rent follow-up, carry out regular property inspections and provide full legal support when needed. Thanks to our transparent communication and digital owner portal, you stay informed at all times about what is happening with your real estate.

Secure Your Rental Investment with TREVI

Do you want to protect your rental income and avoid legal risks? TREVI Rental Management supports you with professional expertise and tailored solutions.

Contact TREVI today to benefit from stress-free property management and maximize your real estate investment.

Contact us for more information