The Residential Tenancy Agreement is a crucial legal document used in Belgium for establishing a formal rental relationship between landlords and tenants for residential properties. Following the 2018 regionalization of housing matters in Belgium, these agreements must comply with both federal civil law and specific regional regulations depending on whether the property is located in Flanders, Wallonia, or the Brussels-Capital Region. The document includes mandatory provisions regarding rent payment, security deposits, property maintenance, energy performance, and property condition reporting. It must be registered with local authorities within two months of signing and requires specific attachments such as energy performance certificates and detailed inventory reports. This agreement is essential for protecting both landlord and tenant rights while ensuring compliance with Belgian housing laws and regulations.
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1. Parties: Identification and full details of the landlord(s) and tenant(s), including names, addresses, and national registration numbers
2. Background: Brief context of the agreement and property letting
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the rental property, including address and cadastral details
5. Term and Commencement: Duration of the lease, start date, and type of lease (standard 9-year, short-term, or long-term)
6. Rent and Charges: Rental amount, payment terms, indexation provisions, and common charges
7. Security Deposit: Amount, form (blocked account), and conditions for the security deposit as per Belgian law
8. State of Premises: Reference to the mandatory detailed inventory and condition report
9. Use of Property: Permitted use, occupancy limits, and restrictions
10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance and repairs
11. Insurance: Mandatory insurance requirements for both parties
12. Registration: Obligations regarding official registration of the lease
13. Termination Rights: Notice periods and conditions for early termination by either party
14. Return of Property: End-of-lease obligations and property return conditions
15. Governing Law: Specification of applicable Belgian regional law and jurisdiction
1. Pets: Rules regarding pet ownership, to be included if pets are allowed or specifically prohibited
2. Subletting: Provisions regarding subletting and assignment, if permitted
3. Property Modifications: Rules for making alterations to the property, if allowed
4. Shared Facilities: Rules for common areas and shared facilities, for properties in multi-unit buildings
5. Garden Maintenance: Specific provisions for properties with gardens or outdoor spaces
6. Parking: Provisions for parking spaces or garage use, if applicable
7. Professional Use: Provisions for partial professional use of the property, if permitted
8. Special Conditions: Any property-specific conditions or agreements between parties
1. Schedule 1 - Detailed Inventory: Mandatory detailed inventory and condition report of the property
2. Schedule 2 - Energy Performance Certificate: Mandatory EPC certificate showing property's energy efficiency rating
3. Schedule 3 - House Rules: Building or complex rules and regulations, if applicable
4. Schedule 4 - Maintenance Chart: Detailed breakdown of maintenance responsibilities between landlord and tenant
5. Schedule 5 - Photo Documentation: Photographic evidence of property condition at start of tenancy
6. Schedule 6 - Technical Installations: Instructions and certificates for heating, electrical, and other technical installations
7. Schedule 7 - Fire Safety Certificate: Mandatory fire safety documentation and evacuation procedures
8. Appendix A - Regional Legal Requirements: Mandatory information about tenants' rights under applicable regional law
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