Once you have found the property you want to rent, you need a lease (bail/kontract), an inventory (etat des lieux/plaatsbeschrijving), a security deposit, and to get the phone, electricity and gas reconnected. There is an element of Catch 22 here - there is a certain order to get things done, that at times seems to be mutually exclusive.

The lease

Belgium has an odd system of a standard nine-year flexible lease, and an inflexible three-year lease. At first sight the three-year lease seems the more attractive to a newcomer whose time in the country is uncertain, but this is not necessarily the case.

A three-year lease can be for any agreed period up to a maximum of three years. It fixes the rent for the period of the lease and commits the tenant to pay for the entire period of the lease. It can include a diplomatic clause (designed to indemnify the tenant if he wants to break the lease because he is leaving the country) but these have been nullified by the Belgian Courts in the past. 

Once you have found the property you want to rent, you need a lease (bail/kontract), an inventory (etat des lieux/plaatsbeschrijving), and a security deposit. You'll need to get the phone, electricity and gas reconnected. Plus you need to take out an insurance policy for fire and water damages.

The Lease

Belgium has an odd system of a standard nine-year flexible lease, and a less flexible three-year lease. At first sight the three-year lease seems the more attractive to a newcomer whose time in the country is uncertain, but this is not necessarily the case.

A three-year lease can be for any agreed period up to a maximum of three years. It fixes the rent for the period of the lease and commits the tenant to pay for the entire period of the lease. It can include a diplomatic clause (designed to indemnify the tenant if he wants to break the lease because he is leaving the country) but these have been nullified by the Belgian courts in the past.  

So, it is better to opt for a nine-year lease, which can in fact be broken by giving three months' notice. But if you leave in the first, second or third year, you will pay an indemnity of three, two and one month's rent respectively. From year four, there is no penalty for leaving.

The monthly rent is fixed for nine years subject to the normal state-controlled annual indexation. The landlord can only give you notice if they intend to occupy the property personally, need to carry out major work (where major has a legal definition), or at the end of  year three or year six, for no reason but subject to compensation to the tenant of nine or six months' rent respectively.

For an apartment, the monthly outgoing may include an element of rent and a fixed amount of service charge. Usually the service charge is just a prepayment (provision pour charges/vooruitbetaling) and there will be an annual assessment of common charges for the property that you will share in.

If you want to negotiate a better price, negotiate down the rental not the service charges! If there are things you want the landlord to correct before you move in, either specify them in the lease contract so legally binding the landlord or, if you can wait, don't sign the lease until they have happened!

The Inventory

The inventory (etat des lieux /plaatsbeschrijvin) is the source of more misery to tenants than any other legal document. Typically, the landlord's agent or a designated expert prepares a detailed list of the condition of the property complete with photographs which the tenant signs. At the end of the lease, the landlord's agent checks the property against this inventory. 

Be aware that tenants can be charged for scratches in the bath that were there before they arrived, simply because they didn't notice the damage when signing the original inventory.  It is bad enough to have someone who seems to be less than independent assessing costs against you, and even more irritating that you have to pay 50 percent of his bill.

Some agents insist you sign a document agreeing to the fee and to accept his expertise before he starts. Don't do so. The way to avoid all such problems is simple. Refuse to accept the landlord's agent and select your own agent (expert immobilier/expert) to do the check-in and the check-out. That way both parties get a truly independent and fair assessment.

The Security Deposit

You will be asked to put up a one or two months rent as a security deposit (two months is the legal norm) against tenant-caused damages.  The best way to do this is to ask your bank for a guarantee. This is basically a low-cost insurance policy sold to you by the bank which uses your salary as its means of security. Alternatively, you can open a blocked deposit account which needs the signatures of both tenant and landlord for any withdrawal.  Never pay the security deposit in cash, it's against the law.

Other responsibilities

It is the tenant's responsibility to insure the property not only for contents but for fire and water damage.  You should also arrange to have chimneys cleaned and boilers serviced annually.  If the property has a private garden it is the tenant's responsibility to maintain it (communal garden costs are usually included in the service charge).

Century 21
02 513 1996
www.century21.be

Immoweb
02 333 2525
www.immoweb.be


Antwerp

Belimmo
03 238 0357
www.belimmo.be

Carl Martens
03 226 8500
www.carlmartens.be

Engetrim – Trevi
03 218 6304
www.engetrim.be

Sidimex
03 203 0202
www.sidimex.be

Brussels

Eurorent
02 646 2686
www.eurorent.com

Eurohouse
02 672 0555
www.eurohouse.be

Brussels Business Flats
02 539 2614
www.bbf.be

Housing Service
02 732 9920
www.housing-service.be

Macnash Associates
02 347 1147
www.macnash.com

Toby
02 219 2333
www.bureau-toby.com 

Trevi
02 343 2240
www.trevi.be

Aartselaar

ERA
0800 - 20 227
www.era.be

Overijse

Immo2002
02 687 2779
www.immo2002.be

Hoeilaart

Immo Desco
02/306 67 85
www.immo-desco.be

Gent
 
Era Vastgoed Ryckaert
09 223 1177
www.era.be

Nelde
09 223 2823
www.nelde.be

Liège

Optimum – Trevi
04 221 4875
www.optimum.be  

OFFICES
VIPOFFICES
02 400 0000
www.vipoffices.com