Living: What should I pay attention to as a tenant?
LIVING IN BELGIUM WHAT SHOULD I AS A TENANT WATCH OUT FOR?
1. What is good housing?
A good home is more than just a roof over your head. It is a house where you can live safely, healthily, and peacefully.
A good home:
is safe and healthy: no moisture, mold, dangerous electricity or heating.
is affordable: the rent must not be too expensive in relation to your salary. This may be 1/3 of your salary.
has enough space: there must be enough room for everyone living there.
has a good location: close to work, school, shops, or public transport.
2. Maintenance and repairs of rental homes
The owner of the home must ensure that the house is in good condition when you move in, and that it remains safe and comfortable during the rental. Minor works or repairs can be done by the tenant.
3. What are my rights?
The Tenants' Association helps people who rent a home. They explain your rights and obligations as a tenant and assist you with problems concerning your rent, your rental contract, or your notice letter. For a small annual fee (€12 to €20) you can receive help for a whole year. You also receive a newsletter four times a year with information about renting.
They do not provide telephone advice, except for follow-up on a case. For initial advice, you must visit in person. Always bring your rental agreement and documents with you.
The Tenants' Association
Provides legal advice about renting and leasing.
Helps you understand your rights and obligations as a tenant.
Supports you with problems involving the landlord or the rental contract.
Advocates for the right to affordable and quality housing.
You can find the tenants' union at the Town Hall in Genk.
Advice Point Genk│Tenants' Union vzw│Tenants' Association Limburg
Address: Town Hall│Stadsplein 1, 3600 Genk
Phone: 011/33 35 76
Email: info@huurderssyndicaat.be
Website: huurderssyndicaat.be
Note: Not reachable by phone on Friday afternoons.
Contact the tenants' association
4. The rental contract
If you are going to rent a property, a rental contract is concluded between you and the landlord.
What must definitely be stated in the rental contract?
Identity and contact details of the tenant and the landlord (including the national registry number)
The rent price + additional costs
The address and mailbox number of the property to be rented
The start date of the rental contract
Exact duration of the lease agreement
The security deposit
A description of the rental property (number of rooms, bathroom, garden,…)
The time and method of your payment
Provisions regarding indexing
The rules for the residents
Your signature and the landlord’s signature
WHAT SHOULD YOU WATCH OUT FOR? Rental Contract
There are different types of contracts, namely:
A short contract (from 1 week, possibly with renewal, up to a contract of 3 years)
A standard contract (9 years)
Or another type > the duration determines how you can terminate or extend the contract.
The monthly rent must be clear. If there are additional costs, such as maintenance for common areas or when there are communal charges, this must be stated in the rental contract.
The contract must also specify what you as a tenant need to do (such as minor repairs) and what the landlord must do (such as major repairs).
Payment must not be in cash, but via a bank transfer.
The landlord will likely ask for a rental deposit. In Flanders, this is usually three months' rent. This deposit must be placed in a special account. At the end of the rental contract, you will receive this amount back (with interest), unless you have caused damage to the property (see also ‘inventory of fixtures’).
An inventory report is a document describing the property at the start of the tenancy. Any damage must be included in this (preferably with photos). This way, when you stop renting the property, you can prove that the damage was already there before you moved in (so that you did not cause the damage). If you cannot prove this via the inventory report, the landlord may withhold (part of) the security deposit.
It must be signed within 14 days after moving in.
- You as a tenant still have the right to send additions of hidden defects after moving in.
Costs for water, gas, and electricity are often not included in the rent price.
You have to pay these separately.
Note: When you rent a property, there must be a transfer of the contract for water, gas, and electricity. You need to fill out a takeover document and submit it to the appropriate organization.
The contract must explain:
How you can terminate it.
How much notice you must give.
Whether you have to pay a fee.
The contract must be registered via MyRent.
This is important for your legal protection.
You must have a separate rental contract and employment contract.
The employer is not allowed to withhold wages from the minimum wage for your housing.
As an employee, you must give written consent if they are allowed to withhold this from your wages.
The rental agreement may not automatically end if the work stops.
The housing must meet quality standards and must not create any form of dependency.
5. Rental Agreement: Short Term
If you work temporarily in Belgium, you can rent a property with a short-term rental agreement. This type of lease lasts a maximum of 3 years and has no minimum term. It is perfect for temporary situations such as a work assignment lasting a few months. Such a contract may only be extended once under the same conditions.
A short-term lease is a temporary rental contract lasting a maximum of 3 years.
It is intended for temporary situations (for example: temporary work).
You may only extend it once and together it may never exceed 3 years.
If you do not terminate it in time, it will automatically become a 9-year contract.
As a tenant, you can terminate with 3 months' notice, but you will then pay a small compensation.
6. What is a Rental Deposit?
As soon as you rent a property, the owner can ask for a rental deposit. The rental deposit may never exceed 3 months' rent and is a financial protection for the landlord. If you cause damage or do not pay your rent, the owner is allowed to use that money to compensate for his loss. The deposit may not be paid in cash but must be deposited into a blocked bank account in the name of the tenant.
7. What is an inventory report?
An inventory report indicates what the apartment looks like at the moment you are going to rent it. It is important that all damage (scratches, stains, holes, and other imperfections) are recorded in detail with photos, so that the landlord cannot later claim that you caused the damage and try to charge you for it.
You should carefully review the inventory report before agreeing to it to check that everything is included. It is best if you are present when the inventory report is drawn up.
If no detailed inventory report is prepared at the start of the rental agreement, it must be assumed that the property is still in its original condition as at the start of the tenancy. The tenant is then not responsible for any damage, unless the landlord can prove that the damage was caused by the tenant.
8. Notice Period
For a short-term lease (less than 3 years) in Belgium, specific rules apply for the notice period:
Termination by the tenant:
You may terminate the contract at any time, but you must observe a notice period of 3 months. If you do not do this, it will automatically be converted into a standard 9-year contract.
You must pay a termination compensation depending on the timing of the termination:
- During the 1st year: 1.5 months' rent
During the 2nd year: 1 month's rent
During the 3rd year: 0.5 months' rent
Termination by the landlord:
The landlord cannot terminate the lease before the end without your consent. If the landlord wants to terminate the contract on the end date, they must notify you in writing at least 3 months in advance.
The notice period only starts on the first day of the month following the month in which the termination letter was received.
The landlord receives the letter on February 10.
The notice period then begins on March 1.
Rental discrimination
What do you do if you encounter discrimination in the rental market?
Are you looking for a rental home and think you are a victim of discrimination? Don’t keep it to yourself. Make an appointment through the housing desk or file a complaint directly with the VMRI, the organization that fights for equal opportunities and against racism and discrimination. More information about rental discrimination can be found here.
Housing Reporting Point
Are you looking for a rental home and do you think you are a victim of discrimination?
Not sure how to formulate or submit a report? You can also visit the housing reporting point staff in person at the city’s service desk. They will assist you in formulating your complaint with the Flemish Human Rights Institute (VMRI) or with UNIA.