The Cancellation Of Tenancy Agreement is a crucial document used in Belgium when parties wish to formally end a rental arrangement, whether by mutual consent or through unilateral termination. It must comply with Belgium's regionalized housing regulations, including the Brussels Housing Code, Flemish Decree on Residential Leases, or Walloon regulations, depending on the property's location. This document is essential for protecting both landlord and tenant interests, providing clear terms for lease termination, property handover, security deposit return, and final settlements. It includes specific provisions required by Belgian law regarding notice periods, property inspection requirements, and utility reconciliation. The document can be used for both residential and commercial properties, though specific requirements may vary based on the type of tenancy and regional regulations.
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1. Parties: Identification of the landlord and tenant(s), including full legal names, addresses, and national registration numbers
2. Background: Details of the original lease agreement including date of commencement, property address, and reference to registration details
3. Definitions: Key terms used in the agreement including 'Termination Date', 'Property', 'Original Lease Agreement', and 'Security Deposit'
4. Termination Agreement: Formal declaration of the lease termination, specifying the exact termination date and mutual agreement of parties
5. Property Inspection: Arrangements for the final property inspection and inventory check
6. Security Deposit: Terms for the return of the security deposit, including timeline and conditions
7. Final Settlements: Provisions for settling utility bills, outstanding rent, and other charges
8. Keys and Access: Arrangements for returning keys and securing the property
9. Governing Law: Confirmation that the agreement is governed by Belgian law and the specific regional regulations that apply
1. Early Termination Fee: Required when the cancellation involves an early termination penalty as per the original lease terms
2. Forwarding Address: Section for tenant's new address for future correspondence, particularly relevant for deposit return and final utility bills
3. Maintenance Works: Required when specific repairs or restoration works need to be completed before the final handover
4. Third Party Declarations: Needed when there are guarantors or co-signers on the original lease who need to be released
5. Dispute Resolution: Optional section detailing specific dispute resolution procedures, recommended for complex situations
1. Schedule 1 - Property Inspection Report: Detailed report of the property's condition at termination, including photographs
2. Schedule 2 - Utility Readings: Final meter readings for all utilities with photographs where applicable
3. Schedule 3 - Inventory List: Updated inventory list comparing the state of fixtures and fittings against the initial inventory
4. Appendix A - Original Lease Reference: Copy or extract of relevant sections from the original lease agreement
5. Appendix B - Settlement Calculations: Detailed breakdown of all financial settlements including deposit deductions if applicable
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