The exit inventory should precede key return
The exit inventory should be done before or at the time of key return, while both parties can verify the property. Doing it after key return is risky: the tenant can no longer check the property, and the landlord may be accused of altering conditions. If it must be done after, both parties should agree in writing.
Timing options:
| Timing | Recommended? | Risk level |
|---|---|---|
| Same day as key return | Ideal | Low |
| Day before key return | Very good | Low |
| After key return (agreed) | Acceptable | Medium |
| After key return (unilateral) | Not recommended | High |
Risks of conducting the inventory after key return
If the exit inventory is done after key return: obtain written agreement from both parties on the timing, have an independent expert present, take timestamped photos, and ensure the property was not accessed between key return and the inventory.
Risks for the tenant:
- The landlord may access the property and claim pre-existing damage
- The tenant can no longer verify claims or point out pre-existing issues
- The tenant loses their ability to contest observations on the spot
Risks for the landlord:
- The tenant may claim the landlord altered the property’s condition
- Evidence gathered without the tenant’s presence has weaker probative value
- A court may question the inventory’s reliability
Never return your keys before the exit inventory is done. Once you return the keys, you lose access to the property and your ability to verify or contest the inventory findings is severely limited.
Best practice for exit inventories
The recommended procedure:
- Schedule in advance: agree on the exit inventory date and time well before the lease end
- Same day: conduct the inventory and return the keys on the same day
- Both present: both landlord and tenant (or representatives) must attend
- Thorough inspection: compare systematically with the entry inventory
- Photos: take timestamped photos of every room
- Sign together: both parties sign the exit inventory on the spot
- Key receipt: the landlord signs a receipt for the returned keys
If an independent expert conducts the exit inventory, they document everything impartially, reducing the risk of disputes.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 requires a contradictory exit inventory. Brussels courts expect the inventory to be done while both parties have access.
Walloon Region
The decree of 15 March 2018 follows the same principles. Walloon courts favour inventories done before key return.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 requires a contradictory plaatsbeschrijving. The decree emphasises that both parties must be able to verify the property’s condition.
Article 1730 of the Belgian Civil Code (contradictory inventory). Regional tenancy legislation. General principles of evidence law.