The landlord asks me to pay the property tax
Nadia, a tenant in Charleroi, recounts how her landlord tried to make her pay the property tax. What the law says and how she responded.
- 01 The demand
- 02 The verification
- 03 The response
- 04 The resolution
- 05 Lessons learned
September 2025 — the demand
I am a tenant of a 2-bedroom flat in Charleroi and have been for 2 years. My landlord, Mr Degraef, manages his 4 flats himself without an agency. Rent: EUR 720 per month including charges. A standard residential lease, signed properly.
On 15 September I received a letter from Mr Degraef. Attached was the 2025 property tax assessment notice — EUR 1,340 — and he asked me to transfer this amount before 15 October. He invoked Article 9 of our lease, a clause I had signed without paying attention: “The property tax is payable by the tenant.”
EUR 1,340 on top of the rent represents almost 2 extra months of rent. My first reflex was panic. My second: check what the law actually says.
September 2025 — the verification
The next day I contacted the first-line legal aid service in Charleroi (free, no appointment needed). The duty lawyer was categorical within 5 minutes:
- The property tax is a tax on ownership, not on occupation
- For residential leases, Walloon legislation (Decree of 15 March 2018) prohibits transferring charges relating to ownership to the tenant
- The clause in our lease is unfair and deemed unwritten, even though I signed it
- I owe nothing
The property tax is always the landlord’s responsibility for a residential lease. It is a property tax linked to ownership, not to occupation. No contractual clause can alter this rule. It is a matter of public policy.
She advised me to send a courteous but firm registered letter, citing the applicable legislation.
October 2025 — the response
On 1 October I sent a registered letter with acknowledgement of receipt to Mr Degraef. My letter was one page long:
- I referenced the payment demand for EUR 1,340
- I cited Article 5 of the Walloon Decree of 15 March 2018 which prohibits transferring ownership taxes to the tenant
- I specified that clause 9 of our lease was deemed unwritten as it contravened a public policy provision
- I proposed an exchange to clarify the situation amicably
Respectful tone but no ambiguity. No threat, no ultimatum.
Avoid aggressive phrasing. A landlord who demands the property tax is often poorly informed, not malicious. The sentence “I invite you to verify this information with your notary or property manager” is more effective than a threat of court action.
October 2025 — the resolution
Mr Degraef called me on 8 October, 4 days after receiving the registered letter. He was surprised but not hostile. He explained that he had always charged the property tax to his tenants, including previous ones, and nobody had ever contested it. He added that his accountant had confirmed it was “possible”.
I suggested he consult a notary. He did. On 15 October he sent me an email: the notary had confirmed my position. The clause is void for residential leases. He would no longer charge me the property tax and would amend his future lease agreements.
Factual summary: 4 weeks to resolution. EUR 0 spent. EUR 1,340 saved. Relationship with the landlord intact — he even acknowledged he had learned something. The previous tenants, however, had paid wrongly for years.
What I learned
Three lessons I share with every tenant in Belgium:
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Read your lease clause by clause before signing. It is tedious but essential. If I had spotted clause 9 before signing, I could have had it removed immediately. The legal aid service can review your lease for free before signing.
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Unfair clauses do not become legal because you signed them. Under Belgian law, a clause contrary to public policy is void, even if ratified by both parties. The tenant can contest it at any time during the lease.
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Free legal aid is underused. Justice centres and first-line legal aid services offer free consultations. In 10 minutes the lawyer saved me EUR 1,340. Also consult our guide on rental deposits to know your rights on other commonly disputed charges.
Other tenant real-life cases: The landlord won’t give me a rent receipt and The landlord wants me to leave so they can sell.
- “**The property tax is ALWAYS the landlord's responsibility.** It is a tax on ownership, not on occupation. No lease clause can legally transfer it to the tenant for a residential lease.
- “**Read every clause of your lease before signing.** If a clause seems unusual, have it checked by a free legal service (CPAS, justice centre, legal aid). It is better to negotiate before signing than to contest afterwards.
- “**A well-argued registered letter is often all it takes.** You do not need a lawyer to remind a landlord of the law. Cite the specific provision and propose a dialogue. Most landlords are not acting in bad faith -- they are poorly informed.
Week-by-week timeline
Frequently asked questions
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No. For residential leases, the property tax is a tax borne exclusively by the landlord. Article 5 of the residential lease act (applicable in Wallonia and Brussels) prohibits charging the tenant with taxes relating to ownership. Any clause to the contrary is deemed unwritten.
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The clause is unfair and deemed unwritten. The tenant can contest it at any time, even if they signed it. The justice of the peace will systematically annul this type of clause for a residential lease.
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Yes. If the tenant has wrongly paid the property tax, they can request reimbursement from the landlord. The claim is time-barred after 10 years under common law. Keep all proof of payment.
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Yes. For commercial leases, transferring the property tax to the tenant is lawful if the lease expressly provides for it. This distinction only concerns commercial leases, not residential leases.
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