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Tenancy Agreement Template for Belgium

A comprehensive residential lease agreement compliant with Belgian federal and regional housing laws, designed to establish the legal relationship between landlord and tenant for residential property rental. This document incorporates all mandatory provisions required by Belgian housing legislation, including specific regional requirements for Brussels-Capital, Wallonia, or Flanders. It covers essential elements such as rent payment terms, security deposits, maintenance obligations, and termination conditions, while ensuring compliance with Belgian registration requirements and tenant protection laws.

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What is a Tenancy Agreement?

This Tenancy Agreement template is designed for use in Belgium and must be adapted according to the specific region (Brussels-Capital, Wallonia, or Flanders) where the property is located, as housing matters have been regionalized since 2018. The agreement is suitable for residential property rentals and includes all mandatory provisions required by Belgian housing law, such as rent payment terms, security deposit arrangements, and maintenance obligations. It should be used when establishing a new residential tenancy or renewing an existing one, ensuring compliance with regional housing codes and federal requirements. The document must be registered with local authorities within two months of signing and should be accompanied by mandatory appendices including an energy performance certificate and detailed property inventory.

What sections should be included in a Tenancy Agreement?

1. Parties: Identification and details of the landlord and tenant(s), including full legal names, national registration numbers, and contact information

2. Background: Context of the agreement and confirmation that parties wish to enter into a residential lease

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Detailed description of the rental property, including address and any included facilities or furniture

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: Monthly rent amount, payment terms, utility charges, and indexation provisions

7. Security Deposit: Amount, form, and conditions of the security deposit as per Belgian law

8. Use of Property: Permitted use of the property and occupancy restrictions

9. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance and repairs

10. Insurance: Required insurance coverage for both parties

11. Landlord's Obligations: Legal obligations of the landlord including property maintenance and repairs

12. Tenant's Obligations: Legal obligations of the tenant including proper use of property and timely rent payment

13. Termination: Conditions and procedures for early termination by either party

14. Registration: Requirements for official registration of the lease as per Belgian law

15. Governing Law: Confirmation of applicable Belgian regional law and jurisdiction

What sections are optional to include in a Tenancy Agreement?

1. Pets: Rules regarding pet ownership in the property - include if pets are permitted

2. Garden/External Areas: Maintenance obligations for garden or external areas - include if property has outdoor space

3. Subletting: Rules regarding subletting or assignment - include if specifically permitted

4. Home Business Use: Provisions for conducting business from home - include if professional use is permitted

5. Smoking Policy: Rules regarding smoking in the property - include if specific smoking restrictions apply

6. Shared Facilities: Rules for use of shared facilities - include for apartments with common areas

7. Parking: Provisions regarding parking spaces - include if parking is provided

8. Building Rules: Reference to building or complex rules - include for apartments in managed buildings

What schedules should be included in a Tenancy Agreement?

1. Schedule 1 - Property Inventory: Detailed inventory of the property condition and contents at the start of tenancy

2. Schedule 2 - Energy Performance Certificate: Mandatory EPC certificate showing property's energy efficiency rating

3. Schedule 3 - Property Plans: Floor plans and measurements of the property

4. Schedule 4 - Building Rules: Copy of building rules and regulations for apartment complexes

5. Schedule 5 - Maintenance Schedule: Detailed breakdown of maintenance responsibilities

6. Schedule 6 - Fire Safety Certificate: Documentation of fire safety compliance

7. Schedule 7 - Utilities Information: Details of utility suppliers and meter readings

8. Schedule 8 - Photographic Evidence: Photos documenting property condition at start of tenancy

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

黑料视频

Document Type

Lease Agreement

Cost

Free to use

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