The Property Lease Agreement is a fundamental legal document used in Belgium for establishing a formal landlord-tenant relationship in real estate transactions. It serves as the primary contract governing the rights and obligations of parties involved in property leasing, whether for residential or commercial purposes. This document must comply with Belgian federal and regional legislation, including the Civil Code, regional housing codes, and specific lease laws introduced in 2018. The agreement covers crucial aspects such as lease duration, rent payments, maintenance responsibilities, and termination conditions, while incorporating mandatory provisions required by Belgian law. It's essential for protecting both landlord and tenant interests and ensuring legal enforceability of the lease arrangement. The document requires official registration with local authorities and must include specific certificates and declarations, particularly regarding energy performance and property condition.
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1. Parties: Identification and details of the landlord and tenant, including full legal names, addresses, and registration numbers for legal entities
2. Background: Context of the lease agreement, including brief description of the property and purpose of the lease
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the leased property, including address, size, and included fixtures/fittings
5. Term and Commencement: Duration of the lease, start date, and any renewal options
6. Rent and Payment Terms: Rent amount, payment schedule, indexation, and payment methods
7. Deposits and Guarantees: Security deposit requirements, bank guarantees, and related conditions
8. Utilities and Charges: Allocation of costs for utilities, common charges, and other expenses
9. Use of Property: Permitted use of the property and any restrictions
10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and improvements
11. Insurance: Required insurance coverage for both parties
12. Access and Inspection: Landlord's rights of access and inspection procedures
13. Assignment and Subletting: Rules regarding transfer of lease rights or subletting
14. Termination: Conditions and procedures for early termination
15. Governing Law: Confirmation of Belgian law application and jurisdiction
16. Notices: Process for formal communications between parties
1. Commercial Terms: Specific provisions for commercial leases, including trade requirements and business operations - used only for commercial property leases
2. Residential Requirements: Specific provisions required by residential lease law - used only for residential leases
3. Fit-out Works: Provisions regarding initial renovation or fit-out works - included when property requires modification before or during occupancy
4. Break Options: Specific break clause terms - included when early termination options are negotiated
5. Green Lease Provisions: Environmental and sustainability requirements - included for properties with specific environmental certifications or requirements
6. Parking: Provisions regarding parking spaces and facilities - included when parking is part of the lease
7. Signage Rights: Rules regarding external signage - typically included for commercial properties
8. Co-tenancy Provisions: Rules for shared spaces and facilities - included for properties in multi-tenant buildings
1. Schedule 1 - Property Plan: Detailed floor plans and property boundaries
2. Schedule 2 - Inventory: Detailed inventory of fixtures, fittings, and condition report
3. Schedule 3 - Energy Performance Certificate: Mandatory EPC certificate and energy performance details
4. Schedule 4 - House Rules: Building regulations and rules for multi-unit properties
5. Schedule 5 - Service Charges Breakdown: Detailed breakdown of service charges and calculation method
6. Schedule 6 - Maintenance Schedule: Detailed maintenance responsibilities and schedules
7. Appendix A - Registration Documents: Documents required for official registration of the lease
8. Appendix B - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
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