Rental property is generally widely available in most of Belgium, including Brussels. Houses and apartments become available to rent all through the year, look for the signs A louer (French) or Te Huur (Dutch)

Most estate agents (agences immobilières/makelaar) offer short (or holiday) rental as well as long-term rental. Properties can also be found in the classified section of local newspapers, in the English language publications such as The Bulletin or on specialised web portals.

The majority of rental properties are unfurnished, although kitchen equipment can vary. A kitchen which is described as equipped (equipée/uitgerust) will most likely include a cooker and a refrigerator, and may have a dishwasher or microwave.

The Lease/Rental Contract 

The lease or rental contract (droit de bail or bail à loyer/huurcontract) should include the following:

• Address of the property to be rented
• Parking spaces, garages or storage facilities included in the rental
• The monthly rent amount
• The date of payment
• Details of any rent increases
• The conditions of the deposit

Most landlords require a standing order to be set up with the tenant's bank in order to effect the monthly payments. The lease is signed by the tenant and the landlord.

Registering the Lease

All leases in Belgium must be registered with the local office of the Receiver of Registrations, Ministry of Finance (Enregistrement, Ministere des Finances/Registratie, Ministerie van Financien) within two months of being signed. If the lease is not registered within this period, a fine can be imposed. The lease must be registered by the owner of the property and is entirely free of charge. If the lease is not registered the landlord will receive a fine and the tenant can end the contract at any moment without having to give notice or pay any penalties. The lease can be registered in person at the local office of the property, by post, by e-mail or by fax.

The Federal Public Service of Finances can provide further information and a list of offices, Tel: 02 572 57 57
Information on registering a lease is available from the Belgian Consumer's Association, Test Achats (in French) or Test Aankoop (in Dutch).

Tenancy Obligations

By agreeing a lease on a property, the tenant undertakes to:

• Pay the rent in full by the agreed monthly date
• Pay the common charges appropriate to the property
• Take responsibility for and pay for any damage unless it is the result of circumstances outside of the tenant's control

Unless previously agreed in the lease, the tenant may not use the property for commercial purposes or sublet without written agreement from the landlord.

Lease durations

Rental contracts in Belgium can be for different durations – short term (less than three years) or long term (more than nine years). However the most common is a standard lease which has a duration of nine years, and is broken down into three 3-year periods. It is commonly called a 3-6-9 lease. The base rent can only be increased at the beginning of each three year period and only if written notice has been given six to nine months beforehand.

For a standard lease, at least three months' notice in writing is necessary in order to terminate the lease.

At the end of the nine years the lease is automatically renewed unless the landlord or tenant has sent a registered letter at least six months beforehand giving notice of an intention not to renew.

Notice Periods

The Tenant

Only the tenant has the right to terminate the contract.

Notice to quit must be given at least three months in advance in writing, unless a diplomatic clause has been included allowing notice to be given 30 days in advance due to job transfer or change (however this clause will not necessarily stand up in a court of law).

Tenant penalties for breaking the lease:

• If the lease is broken within the first year a penalty of three months' rent must be paid
• If the lease is broken during the second year, two months' rent is due
• One month's rent must be paid if termination occurs during the third year

The Landlord

At the end of each three year period the landlord may terminate the tenant's lease if:

• The property is required by them or by a member of their close family. In all cases, the landlord must give six months' notice.
• If the lease is broken after the first three-year period, the penalty is the equivalent of nine months' rent
• Six months' rent is due if termination of the lease occurs after six years.
• If the landlord fails to give proper notice, a penalty of 18 months' rent is due

A diplomatic clause may be included in the lease, which permits the tenant to terminate the lease at 30 days' notice if moving due to change or transfer of his job.

The landlord may only quit the agreement if the tenant has not paid rent, and must notify the tenant by registered letter.

Documentation

Tenant's right are well protected in Belgium and as it is very difficult to evict tenants, the landlord or estate agent will probably ask for proof of income before signing the rental contract. Details of a guarantor who will be named in the contract and who will stand surety in the event that the tenant cannot pay the rent may also be requested.

Deposit

Most landlords require a deposit (caution or dépôt de garantie/waarborg) of one to three months' rent.

On departure, the property should be returned to the condition it was in when the tenant took it over. If the property is not in the same condition, the landlord is entitled to use all or part of the deposit to cover the cost of repairs. The deposit will not usually be refunded until the last common charges (see below) have been determined and settled. As this is done at the end of the year, the tenant may have to wait up to 12 months for the deposit to be refunded.

Inventory and condition report

An inventory and condition report (état des lieux/staat van de huis) should be completed and signed when moving into a new property and include the following:

• State of the fixtures and fittings (if applicable)
• The cleanliness and condition of the decoration
• Any items missing or in need of repair

In Belgium, a surveyor (géomètre/landmeter) will normally carry out the inventory, which is paid for by the property owner.

Service Charges

Service or common charges are paid each month, on top of the rental amount agreed in the lease. This is an estimated amount of money which goes towards paying for the maintenance and repair of communal areas, such as lifts, grounds, stairways and lobbies. It also covers communal water supplies, sewerage and any other shared utilities. The real cost for these services is calculated at the end of each year.

Insurance

The tenant is required by law to have a comprehensive household insurance certificate (premium rates depend on the size of the property). Proof of insurance must be shown to the landlord at the signing of the lease, and may be requested each time the lease is renewed.

The landlord may add a clause to both new and renewed contracts, demanding termination of the contract if the tenant fails to insure the property.

The following are covered by household insurance:

• A percentage of capital and valuables
• Legal costs incurred when personally liable or when claiming against a third party
• Civil liability
• Fire, explosion and related risks
• Weather-related risks (water damage)
• Attacks on the building and acts of God
• Theft and vandalism to set amounts
• Broken windows

Further Information

• Comprehensive information from the Belgian portal (in French & Dutch)
• Brussels Tenants Association (Fédération Bruxelloise des Unions de Locataires - FEBUL/Brusselse Federatie. van Huurdersverenigingen)
  At: Rue du Progrès 333/1, 1030 Brussels
  Tel: 02 201 03 60
  Fax: 02 201 03 60

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