Relocating to another country brings its own challenges: a new way of life, local rules, administrative processes. With that in mind, finding comfortable, secure accommodation is essential. However, the lease agreement can raise a number of issues. Knowing the key points will allow you to proceed without a hitch. The Expat Welcome Desk will explain everything you need to know.
The information detailed below is only applicable to lease agreements in the Brussels-Capital region.
You can search for accommodation online using websites such as Immoweb, Immovlan and Zimmo, as well as several Facebook groups devoted to renting in Brussels (notably Bxl à Louer – de bouche à oreille). You can also contact a real estate agent, whose services are free of charge for tenants, in order to expand your options when finding a suitable property.
We strongly urge you to sign a lease agreement that aligns with the duration of your stay.
This is the standard lease option in the Brussels region.
The Brussels Housing Code stipulates that notice of termination of a lease must be given in writing. This notice must be sent a minimum of three (full) months before the end of the lease (registered letter is the most reliable method of serving notice) even if you have only occupied the property for a few months.
If you do not respect this obligation, it will be more difficult for you to recover your deposit.
The notice period begins on the first day of the month following that in which the letter was sent (for example, if you send the letter on 10 July, the notice period commences on 1 August). The duration of the notice period is 3 months.
As mentioned above, notice is not required for very short term leases.
Rent indexation must be expressly requested (in writing) by the landlord and a maximum of once a year. The formula detailed below is as per the Brussels Housing Code.
To index rent (in accordance with article 224/2 of the Brussels Housing Code):
How is indexation calculated?
Indexation is always based on the “health” price index fluctuations. To find out the indexed rent amount, the following formula is applied
| Base rent x new index = adjusted rent Starting index |
The maximum security deposit amount is two months’ rent.
Note: the security deposit can no longer be combined with a personal guarantee (a relative acting as guarantor), except in the case of student rentals.
It is no longer possible to pay the deposit to the landlord in cash or transfer to the landlord’s account. It must be reserved in the following forms only:
The security deposit must be released within two months of the return of the keys. Failure to do, and without prejudice to any legal proceedings, the landlord is liable to pay an amount equal to 10% of the rent to be applied on a monthly basis.
Generally, the inventory inspection is carried out by both parties or by an expert.
It should be noted that this inventory inspection must be completed in all cases in writing, in detail and with both parties in attendance (unless the parties authorise an expert to conduct it).
Here is a template inventory that can be completed if the inventory inspection takes place with both parties in attendance.
The entry inventory inspection can be done before the tenant moves in or during the first month following the tenant moving in.
A period of one month from the premises being vacated is set for the departure inventory inspection to be carried out.
Failure to complete this inventory inspection within the month of the property being vacated , means it may not be taken into account. In this case, the landlord may encounter difficulties in obtaining compensation in the event of damage to the rental property.
The tenant is required to take out a fire insurance policy before occupying the property. The tenant must also show proof of premium payments on an annual basis. While this obligation has been provided for contractually in principal residence leases, there was no legal obligation in Brussels to contract a fire insurance policy. If the tenant did not take out an insurance policy, the landlord has the right to request that their own insurer include a waiver of recourse clause in their own insurance policy and to pass on the cost to the tenant.
Service charges may take the form of a provision for costs (based on actual costs) or a fixed amount (that cannot be indexed).
If the landlord opts for actual costs in the lease agreement (provision for costs), these shall be explicitly detailed, in an exhaustive list in the agreement. The annual breakdown shall be supported by documentary evidence.
In the event of a counting error in the service charges, an adjustment may be claimed:
By the landlord: within 2 years of the statement being issued and up to 5 years of in the event of errors
By the tenant: within 2 years of the date on which the error was detected and for the entire duration of the error.
Any clause in the principal residence lease agreement that prohibits the tenant from using the rented property as their legal address shall be deemed not to have been written.
Landlords can no longer simply prohibit pets from rented properties. However, the landlord may set conditions for keeping pets, notably no nuisance noise or a limit on the number of pets.
For further information
Please feel free to send us your lease agreement to review before signing or payment of any sums so that our team can analyse the agreement!
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