Rental inventory and tenant damage in Belgium: the evidence that makes the difference

At the end of almost every tenancy in Belgium, the same question arises: which damage is tenant damage and what is normal wear and tear? The answer depends on a single document, the rental inventory (plaatsbeschrijving / état des lieux). Anyone who failed to draw one up, or did so carelessly, often loses the argument about rental damage before it has even started. This article explains the rules for residential leases in Brussels and Flanders, how to prove tenant damage and how a dispute is resolved.

Since the sixth state reform, residential leases have been a matter for the regions. In Brussels the rules are set out in the Brussels Housing Code (Brusselse Huisvestingscode / Code bruxellois du Logement); in Flanders, in the Flemish Residential Lease Decree (Vlaams Woninghuurdecreet); older leases may still be governed by the former federal rules. Wallonia has its own decree, which is not covered here. For an overview of your other rights and obligations, see our article on tenancy law in Belgium.

The check-in rental inventory is mandatory

In both regions, tenant and landlord must draw up a detailed inventory at the start of the lease, jointly (op tegenspraak / contradictoirement) and at shared cost. This is done while the property is still vacant or during the first month of occupation. The parties may draw up the inventory themselves or jointly appoint an expert; the costs are then shared. In Flanders, the inventory is attached to the written lease and registered with it (Article 9(1) of the Flemish Residential Lease Decree).

Jointly means that both parties are present or represented and sign the document. A description drawn up by the landlord alone and never signed by the tenant does not carry that evidential weight. If significant alterations are made during the lease, either party may request a supplementary inventory.

If one party refuses to cooperate or the parties cannot agree on the choice of expert, the more diligent party may ask the justice of the peace (vrederechter / juge de paix) to appoint an expert. You must act quickly, as the law ties this request to short deadlines: in Flanders, the application must be filed before the end of the first month in which the tenant can use the property (Article 9(1) of the Flemish Residential Lease Decree); in Brussels, where Article 1730 of the former Civil Code applies (Article 220(1) of the Brussels Housing Code), it must be filed before the expiry of a period of one month or fifteen days, as the case may be. So do not wait until the end of the lease to raise the issue.

What should a good rental inventory contain?

A useful inventory describes the property room by room: floors, walls, ceilings, windows and joinery, doors, sanitary fittings, kitchen appliances and heating. It records the water, gas and electricity meter readings, the number of keys handed over and the condition of the garden or outbuildings. Vague terms such as “good condition” say little; precise descriptions of scratches, stains or cracks say everything. Dated photographs in an annex and the signatures of both parties complete the document.

Take enough time and also check what is not immediately visible: do the appliances work, do windows and doors close properly, are there signs of damp? Anything you cannot check on the day itself, such as whether the heating works in summer, is best recorded expressly as a reservation. Never sign an inventory you have not read in full.

What if there is no inventory?

In that case, it is mainly the landlord who is in a weak position. In Flanders, the Residential Lease Decree expressly provides that, in the absence of a detailed inventory, the tenant is presumed to have received the property in the same condition as it is in at the end of the lease, unless proven otherwise. The same presumption applies in Brussels, as the Brussels Housing Code expressly makes Article 1731 of the former Civil Code applicable (Article 220(1)). Without that document, tenant damage is therefore particularly difficult to prove.

The tenant has an interest in it as well. Defects that already existed at check-in but were never recorded often lead to arguments at the end of the lease about who caused them. Undated photos or scattered emails rarely carry as much weight as a jointly drawn-up inventory.

Tenant damage or normal wear and tear?

The tenant must return the property as he received it according to the inventory, except for what has perished or deteriorated through age or force majeure. Normal wear and tear from ordinary use is treated in the same way and is not borne by the tenant. In Flanders, the tenant is liable for damage arising during the lease, unless he proves that it occurred through no fault of his own.

• Normal wear and tear: worn floor coverings after years of occupation, faded paint, light signs of use on doors and cupboards.
• Tenant damage: burn marks, holes in doors, broken sanitary fittings, damage caused by pets, a neglected garden or damp caused by inadequate ventilation.

When assessing the damage, justices of the peace generally take into account the age and lifespan of the damaged items. Anyone who damages a ten-year-old kitchen will therefore, as a rule, not pay the price of a new kitchen. This is known as a deduction for depreciation (vetusteit / vétusté).

The tenant is liable for fire unless he proves that it broke out through no fault of his own; in Flanders and in Brussels, this rule expressly applies to water damage as well (Article 29 of the Flemish Residential Lease Decree; Article 220/1 of the Brussels Housing Code). In Flanders, the tenant is also legally required to insure this liability. In Brussels, this insurance obligation applies to leases concluded or renewed since 1 November 2024, unless the parties agree otherwise; for older leases, check what your contract says.

Also report defects that arise during the lease to the landlord promptly and in writing. A tenant who lets a defect drag on without reporting it may be held liable for the additional damage this causes. Read more in our article on damp, mould and other defects.

The check-out inventory

At the end of the lease, the condition of the property is recorded again in a check-out inventory. Either party may require it to be drawn up jointly and at shared cost (Article 39(2) of the Flemish Residential Lease Decree; Article 220(3) of the Brussels Housing Code). Do this once the property has been emptied but before the keys are returned. If the parties cannot agree, the justice of the peace must be approached within one month of the property being vacated in Flanders, and before the keys are returned in Brussels.

Then compare the check-in and check-out inventories item by item. Anything that is not in the check-in inventory is difficult to claim. If you disagree with a finding, have it noted on the document itself and sign only with a reservation.

Dispute over rental damage? Amicable or court-ordered expert assessment

If the parties cannot agree on the damage or the amount, there are two routes. An amicable expert assessment, with a single expert accepted by both parties, is often quicker and cheaper. Failing that, the justice of the peace can appoint a court expert who objectively assesses the damage and the cost of repairs.

A good expert assessment compares the condition at check-in and at check-out and puts a figure on each item, with a deduction for age. Also keep the invoices for repairs already carried out and the quotes for work still to be done. Damage is often settled through the rental deposit (huurwaarborg / garantie locative). More about the rental deposit.

Frequently asked questions

The landlord recorded the damage after I had returned the keys. Does that count?

Unilateral findings made afterwards have limited evidential value, especially if you were not invited to attend. Never accept a settlement on that basis without advice.

Who pays for the expert?

At check-in, the inventory is by law drawn up at shared cost; at check-out too, where either party requires a joint inventory. In court-ordered expert proceedings, the court decides on the costs, which are generally borne by the losing party.

Can the landlord charge for repainting?

Only if the damage goes beyond normal wear and tear, for example in the case of damage or alterations made without consent. Paint that has faded or become slightly dirty after years of occupation is, as a rule, normal wear and tear.

Are photos sufficient as evidence?

Dated photos are a useful supplement, but they do not replace a jointly drawn-up inventory. Preferably have the photos attached to the inventory as an annex.

Can the landlord simply withhold the rental deposit for damage?

No. A rental deposit held in a blocked account can only be released with the written agreement of both parties or on the basis of a court decision. Failing agreement, the justice of the peace decides on the damage claimed.

Tenancy lawyer: Novex Advocaten can help

We assist tenants and landlords in disputes about rental damage, organise an amicable expert assessment or conduct proceedings before the justice of the peace. See also our article on proceedings before the justice of the peace.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.