Rent law is a branch of civil law that regulates the relationship between tenant and landlord. In Belgium, it is mainly governed by the Civil Code and regional tenancy laws. The Flemish Residential Tenancy Act and Brussels tenancy law contain specific provisions that protect the interests of both parties.
As a tenant, you have the right to a habitable dwelling that meets basic health and safety standards. You may use the dwelling for the purpose for which it was rented and you are entitled to quiet and undisturbed enjoyment of the leased property. At the same time, you are obliged to pay the rent on time, occupy the property with due diligence and, at the end of the lease, return the property in the condition in which you received it.
As landlord, you are entitled to the agreed rent and may ask for a rental deposit - in Brussels and Wallonia a maximum of two months' rent, in Flanders two or three months depending on the method. You are obliged to make the property available in good condition, carry out major repairs and ensure the tenant's peaceful enjoyment.
Rent disputes can be over a variety of issues: rent arrears, defects in the leased property, damages at the end of tenancy, or disputes over the rent deposit. In such cases, it is advisable to seek legal advice. A lawyer specializing in tenancy law can assess the situation and assist you, either to reach an amicable settlement or to take the matter to the justice of the peace.
The justice of the peace is the competent judge for most disputes over leases. He can rule on the eviction of a tenant, the repayment of the rental deposit, or the repair of defects. It is important to take timely action because certain claims are subject to statutes of limitations.
Whether you are a tenant or landlord: good agreements in advance and a correctly drafted lease are the best protection. Novex Lawyers assists you at all stages of a lease dispute, from the first correspondence to the court proceedings.
