Basic Tenancy Agreement for Belgium

Basic Tenancy Agreement Template for Belgium

A standardized residential tenancy agreement compliant with Belgian federal and regional housing laws, designed for use in residential property lettings throughout Belgium. This agreement incorporates essential provisions required by Belgian Civil Code and regional housing regulations, including mandatory clauses for rent payment, security deposits, maintenance obligations, and termination conditions. The document ensures compliance with specific Belgian requirements such as registration obligations, energy performance certification, and regional housing standards while protecting both landlord and tenant interests under Belgian law.

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What is a Basic Tenancy Agreement?

The Basic Tenancy Agreement is a fundamental legal document used for residential property rentals in Belgium, designed to comply with both federal legislation (Belgian Civil Code) and regional housing regulations in Brussels, Flanders, and Wallonia. This document should be used when establishing a residential lease relationship between a landlord and tenant in Belgium, whether for standard 9-year terms or shorter durations. The agreement includes mandatory provisions required by Belgian law, such as rent and security deposit arrangements, maintenance responsibilities, and termination conditions. It also incorporates regional-specific requirements regarding property standards, energy performance, and tenant protections. The Basic Tenancy Agreement must be registered with local authorities within two months of signing, and it serves as the primary reference document for managing the landlord-tenant relationship throughout the lease term.

What sections should be included in a Basic Tenancy Agreement?

1. Parties: Identification and complete details of the landlord(s) and tenant(s), including full names, national numbers, and current addresses

2. Background: Brief context about the property and purpose of the lease

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

4. Property Description: Detailed description of the rented property, including address and cadastral details as required by Belgian law

5. Term and Commencement: Duration of the lease, start date, and type of lease (9-year standard term or short-term)

6. Rent and Charges: Monthly rent amount, payment terms, indexation provisions, and allocation of charges and utilities

7. Security Deposit: Amount of security deposit (maximum 2 months' rent under Belgian law) and banking arrangements

8. State of the Property: Provisions regarding the initial property inspection and inventory requirements

9. Use of Property: Permitted use of the property and any restrictions

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

11. Insurance: Insurance obligations of both parties, including mandatory fire insurance

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

13. Registration: Obligations regarding official registration of the lease

14. Governing Law: Confirmation of Belgian law application and jurisdiction

What sections are optional to include in a Basic Tenancy Agreement?

1. Pets: Rules regarding keeping pets in the property, to be included if pets are allowed or specifically prohibited

2. Subletting: Provisions regarding subletting and assignment, if permitted

3. Decoration and Alterations: Specific rules about property modifications, relevant for properties with special characteristics or heritage status

4. Garden Maintenance: Specific provisions for properties with gardens or outdoor spaces

5. Common Areas: Rules regarding use of common areas, relevant for apartments or shared buildings

6. Parking: Provisions regarding parking spaces or garage use, if applicable

7. Energy and Environmental Provisions: Specific provisions regarding energy consumption and environmental responsibilities

8. Building Rules: Reference to building or complex rules, relevant for apartments

What schedules should be included in a Basic Tenancy Agreement?

1. Schedule 1 - Detailed Property Inventory: Detailed inventory and condition report of the property (état des lieux/plaatsbeschrijving)

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

3. Schedule 3 - Building Rules: Copy of building rules and regulations (for apartments)

4. Schedule 4 - Maintenance Schedule: Detailed breakdown of maintenance responsibilities between landlord and tenant

5. Schedule 5 - Fire Safety Certificate: Mandatory fire safety documentation

6. Schedule 6 - Utilities and Charges Breakdown: Detailed breakdown of all charges and utilities, including estimation of monthly costs

7. Schedule 7 - Photo Documentation: Photographic evidence of property condition at start of tenancy

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Genie AI

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions
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Real Estate

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Legal

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Property Manager

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Housing Officer

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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