My tenant is damaging the property: how I recovered 4,200 EUR in damages
Catherine, a landlord in Liege, shares how she dealt with significant damage to her apartment caused by a tenant. Bailiff report, deposit deduction and justice of the peace proceedings.
January 2025 — the discovery
I rent out a 2-bedroom apartment on rue Hors-Chateau in Liege, which I have owned since 2021. My tenant, Kevin, 28, single, had been living there for 3 years on a residential lease of 3-6-9. Never a late payment, no complaints from the neighbours. On paper, a model tenant.
On 12 January, I scheduled a technical inspection to check the boiler. When I walked in, I found an unrecognisable apartment. Fourteen holes in the living room walls, a solid parquet floor deeply scratched by furniture moved without pads, a bathroom ceiling covered in black mould — due to lack of ventilation. The kitchen had burns on the worktop and a cupboard door ripped off.
I had not carried out a control visit for 18 months. If I had inspected the property every 6 months (as the lease stipulated), I would have detected the first signs of damage much sooner.
February 2025 — the official report
On 15 January, I sent Kevin a registered letter with 23 dated photos. Factual tone: description of the damage, reminder of the tenant’s maintenance obligation (Article 1728 of the Civil Code), and a request for the property to be restored within 30 days.
Kevin replied by text message: “It was already like that when I moved in.” Except that I have a detailed entry inventory, carried out by an independent expert, with 47 photos. None of the damage appears in it.
On 3 February, I called in a bailiff for a contradictory report. Kevin was present; he did not contest the facts but maintained it was normal wear and tear. The bailiff methodically recorded each item of damage. Cost of the intervention: 320 EUR.
I then obtained 3 quotes from certified tradesmen: 4,200 EUR in repairs (filling and painting walls, sanding and varnishing the parquet, anti-mould treatment and cupboard door replacement).
Always obtain at least 2 quotes from different tradesmen. The justice of the peace generally retains the median quote. A single quote can be challenged as excessive.
February-March 2025 — the amicable attempt
Kevin’s rental deposit amounted to 1,900 EUR (2 months’ rent). Not enough to cover the 4,200 EUR in damage.
On 18 February, I proposed an amicable agreement to Kevin: release of the deposit in my favour (1,900 EUR) + payment of the balance of 2,300 EUR in 5 monthly instalments of 460 EUR. He refused, arguing that the damage was normal wear and tear after 3 years of occupancy.
I then contacted the municipal mediation service in Liege. The session on 5 March was unsuccessful: Kevin stuck to his position. The mediator recorded the failure in an official report, which strengthened my case before the judge.
March-April 2025 — the justice of the peace
On 10 March, my lawyer summoned Kevin before the Justice of the Peace in Liege. Documents submitted: entry inventory, bailiff report, comparative photos, 3 quotes, minutes of the failed mediation.
The hearing took place on 8 April. The judge methodically compared the entry inventory and the exit report. He set aside two items he considered normal wear and tear (yellowed paint and a shower joint) but accepted all other damage.
Judgment of 22 April: Kevin was ordered to pay 3,800 EUR in repairs + 320 EUR in bailiff costs + court costs. The rental deposit was released entirely in my favour. For the balance (1,900 EUR), Kevin was given 3 months to pay. To manage the documents related to this procedure, I used the online lease management tool which allowed me to centralise everything.
What I learned
This experience cost me time and energy, but above all it taught me three essential things:
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The entry inventory is sacred. It is the document that tipped the judgment in my favour. Without dated photos and a precise description, I would have lost. Invest in an independent expert to carry it out.
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Regular inspections are not intrusive, they are protective. A six-monthly inspection provided for in the lease allows you to detect problems early and remind the tenant of their maintenance obligations.
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Mediation is always worth trying, even if it fails. The minutes of the failed mediation showed the judge that I had sought an amicable solution. That carries weight in the decision.
For landlords who hesitate to act: do not let damage accumulate. The longer you wait, the bigger the bill and the weaker the evidence. Other useful testimonials: My tenant has not paid for 3 months, My landlord refuses to return the deposit and My tenant refuses to sign the property inventory.
- “**Prepare a detailed entry inventory with photos.** Without this document, you have no basis for comparison to prove damage. It is your best insurance.
- “**React as soon as the first damage is visible.** A registered letter after the first finding prevents the tenant from claiming prescription or normal wear and tear.
- “**Get repair estimates from an independent professional.** Signed quotes from a certified tradesperson carry far more weight before the judge than a personal estimate.
Week-by-week timeline
Frequently asked questions
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Yes, that is precisely the purpose of the rental deposit. However, it can only be released at the end of the lease, with the agreement of both parties or by decision of the justice of the peace. If the damage exceeds the deposit amount, the landlord can claim the difference through the courts.
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Normal wear and tear refers to natural deterioration from ordinary use of the property (paint yellowing, ageing joints). Tenant damage refers to harm caused beyond normal use: holes in walls, burnt parquet, broken equipment. The entry inventory serves as the reference point.
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In Wallonia, a bailiff report costs between 250 and 400 EUR depending on the property size and number of rooms to inspect. This cost is recoverable if the judge orders the tenant to pay costs.
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Yes, the tenant can contest before the justice of the peace by claiming normal wear and tear, a pre-existing defect or a hidden defect. That is why the contradictory entry inventory and bailiff report are essential evidence.
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