This Basic Lease Agreement serves as a foundational document for property rental transactions in Belgium, whether for residential or commercial purposes. It is designed to comply with the Belgian Civil Code and regional housing regulations (Brussels, Flanders, and Wallonia), incorporating all mandatory provisions while maintaining flexibility for various rental scenarios. The agreement includes essential elements such as party identification, property details, rental terms, payment provisions, maintenance responsibilities, and termination conditions. This document should be used when establishing a new rental relationship and requires registration with local authorities within two months of signing. The Basic Lease Agreement template can be adapted for different property types while ensuring compliance with relevant housing codes, anti-discrimination laws, and energy performance regulations.
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1. Parties: Identification and contact details of the landlord and tenant(s), including full legal names, addresses, and registration numbers if applicable
2. Background: Brief context of the lease arrangement and property transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the leased property, including address and cadastral details
5. Term and Commencement: Duration of the lease and start date, specifying whether it's a short-term or standard lease
6. Rent and Payment Terms: Monthly rent amount, payment method, due date, and indexation provisions
7. Charges and Utilities: Allocation of costs for utilities, common charges, and other expenses
8. Security Deposit: Amount, form, and conditions of the security deposit as per Belgian law
9. Use of Property: Permitted use of the property and any restrictions
10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance and repairs
11. Insurance: Required insurance coverage for both parties
12. Termination: Conditions and procedures for ending the lease
13. Governing Law: Specification of Belgian law and applicable regional regulations
14. Signatures: Execution clause and signature blocks for all parties
1. Subletting and Assignment: Rules regarding subletting or assigning the lease, include if subletting might be permitted
2. Pets: Rules regarding keeping pets in the property, include if pets might be allowed
3. Alterations and Improvements: Conditions for making changes to the property, include if renovations might be permitted
4. Parking: Details about parking arrangements, include if parking is available
5. Common Areas: Rules regarding use of common areas, include for apartment buildings or shared facilities
6. Green Clauses: Environmental and energy efficiency obligations, include for properties with specific environmental requirements
7. Professional Use: Provisions for partial professional use of the property, include if professional use might be permitted
1. Schedule 1 - Inventory Description: Detailed inventory of the property condition and contents (茅tat des lieux/plaatsbeschrijving)
2. Schedule 2 - Energy Performance Certificate: Copy of the mandatory EPC certificate showing energy efficiency rating
3. Schedule 3 - House Rules: Building or complex regulations if applicable
4. Schedule 4 - Property Plans: Floor plans and property layout drawings
5. Schedule 5 - Maintenance Schedule: Details of regular maintenance requirements and schedules
6. Appendix A - Registration Certificate: Proof of lease registration with tax authorities
7. Appendix B - Fire Safety Certificate: Mandatory fire safety documentation
8. Appendix C - Technical Installations: Certificates and maintenance records for heating, electrical, and other technical installations
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