The property does not match the lease description
Nadia and Karim, a couple in Charleroi, discover that their flat is smaller than stated and missing amenities. Their journey to obtain redress.
September 2024 — moving in
We are Nadia and Karim, a couple with a 3-year-old daughter. In August 2024, after 6 months of searching, we signed a primary residence lease for a 2-bedroom flat in Charleroi, in the Ville Haute neighbourhood. Rent: 750 EUR, excluding charges. The lease stated a floor area of 75 m2, a private cellar and an underground parking space. The listing on Immoweb showed the same information.
On 1 September, moving day, the first surprise: the parking. The landlord, Mrs Claessens, told us that “the parking is shared with the other tenants, first come first served.” That was not what had been agreed.
But it was only the beginning.
Mid-September — the findings
While setting up our furniture, something felt off. Our 2-metre bookcase would not fit anywhere. I borrowed a laser measuring device from a colleague and measured every room.
Result: 62 m2, not 75. The 13 m2 discrepancy came mainly from the living room (advertised at 22 m2, actually 16 m2) and the second bedroom (advertised at 12 m2, measured at 9 m2).
As for the cellar, it simply did not exist. The building had a shared storage room in the basement, locked, but no individual unit was assigned to us.
A 17% discrepancy between the advertised and actual floor area far exceeds the tolerance threshold. In Wallonia, the justice of the peace generally considers that a discrepancy above 5-10% warrants legal action.
I made a summary table:
| Item | Lease / Listing | Reality |
|---|---|---|
| Total floor area | 75 m2 | 62 m2 |
| Living room | 22 m2 | 16 m2 |
| Bedroom 2 | 12 m2 | 9 m2 |
| Private cellar | Yes | No |
| Assigned parking | Yes | Shared, unassigned |
Late September — the amicable attempt
On 28 September, I sent an email to Mrs Claessens with the table, the laser measurement photos and a copy of the Immoweb listing (I had taken a screenshot before signing, out of habit). I requested:
- A proportional rent reduction based on the floor area discrepancy
- Compensation for the missing cellar and parking
- A lease amendment with the actual floor areas
Her response, 5 days later: “Floor areas are approximate, that’s normal. I’ll see what I can do about the cellar.”
Nothing happened for 3 weeks. On 20 October, I sent a formal notice by registered letter, recalling the obligation to deliver a conforming property (Article 1719 of the Civil Code) and setting a 15-day deadline.
The screenshot of the Immoweb listing was decisive in our case. Without it, the landlord could have claimed she never mentioned certain items. Always think of doing this before signing.
No response to the registered letter. I filed a conciliation request at the registry of the Justice of the Peace in Charleroi.
November 2024 — the conciliation
The conciliation hearing took place on 8 November, 3 weeks after filing the request. Cost of the procedure: 0 EUR for conciliation.
The judge examined the lease, the listing, my measurements and the photos. He asked Mrs Claessens to justify the discrepancies. She could not.
The judge proposed an agreement that both parties accepted:
- Rent reduced from 750 to 665 EUR/month (proportional to the floor area discrepancy, i.e. -85 EUR)
- Lump-sum compensation of 500 EUR for the cellar and parking not provided
- Lease amendment stating the actual floor area of 62 m2
- Reduction applied retroactively from 1 September (reimbursement of 170 EUR for the first 2 months)
The agreement was ratified by the judge. In the event of non-compliance, it would have enforcement power. Mrs Claessens paid the compensation within 10 days and the new rent has applied since.
To better understand the obligations linked to the contract, see our page on leases in Belgium.
What I learned
This experience cost us stress and time, but it also taught us a great deal:
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Measure before signing. This is the simplest and most important lesson. A laser measuring device costs 30 EUR. Measure each room, compare with the floor plan annexed to the lease, and refuse to sign if the figures do not match.
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The listing is part of the contract. Under Belgian law, advertising elements are binding on the landlord if they determined your consent. Always keep a copy of the listing. That screenshot is what tipped our case.
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Conciliation is fast and free. From filing the request to the ratified agreement, it took 3 weeks. No lawyer needed at this stage. The justice of the peace is there to find a balance, not to punish.
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Do not wait. If the landlord does not respond to your formal notice, go to the justice of the peace immediately. Every month of rent paid at the original rate is a lost month.
If you are facing a similar situation, document everything and act quickly. See our guide on tenant rights and our other tenant testimonies for more real-life experiences.
- “**Measure the property before signing the lease, not after.** A laser measuring device costs 30 EUR and saves you months of procedure. Compare each room with the floor plan annexed to the contract.
- “**Insist on a detailed inventory of fixtures with an equipment list.** Every item mentioned in the lease (cellar, parking, laundry room) must be physically verified and recorded in the inventory.
- “**Keep the original property listing.** Take a screenshot on the day of the viewing. If the listing disappears after signing, you lose an essential piece of evidence.
Week-by-week timeline
Frequently asked questions
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Under Belgian law, if the discrepancy exceeds 10%, you can request a proportional rent reduction or the termination of the lease. For a smaller discrepancy, the justice of the peace assesses on a case-by-case basis. Proof is established through contradictory measurement.
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Yes, but this does not erase their liability. The landlord is required to deliver a property matching the contractual description (Article 1719 of the Civil Code). A good-faith error may reduce damages but does not eliminate the right to a rent reduction.
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If the discrepancies are significant (floor area, essential amenities), you can request termination of the lease at the landlord's fault before the justice of the peace. You could obtain the return of the rental guarantee, reimbursement of moving costs and damages.
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The inventory describes the condition of the property but does not replace the lease for the description of floor areas and amenities. Both documents are complementary. The property listing, the lease and the inventory together form your evidence file.
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