How to contest an exit inventory
If you disagree with the exit inventory: do not sign without reservations. Either refuse to sign or sign with written reservations on the document. Then request an independent expert or send a formal notice to the landlord. If no agreement is reached, apply to the justice of the peace.
Steps to follow:
- During the inventory: note your disagreements on the document before signing, or refuse to sign
- Immediately after: send a registered letter to the landlord within 48 hours detailing your objections
- Request expert: propose an independent expert for a contradictory re-assessment
- If no agreement: apply to the justice of the peace within a reasonable period
- Preserve evidence: take your own photos and keep all documentation
Documenting your objections
Never sign an exit inventory you disagree with without noting your reservations. Write clearly on the document: “Signed with reservations — see attached objections.” Then detail your objections in a separate letter sent by registered post.
What to document:
| Point of disagreement | How to document |
|---|---|
| Damage attributed to you that was pre-existing | Refer to entry inventory + photos |
| Normal wear counted as damage | Note the age and duration of tenancy |
| Damage you did not cause | Explain the cause (structural, neighbour) |
| Excessive repair costs claimed | Request detailed quotes |
| Items not mentioned in entry inventory | Reference the entry document |
If you sign the exit inventory without reservations, it becomes very difficult to contest later. The signed document constitutes acknowledgment by both parties of the property’s condition. Always review carefully before signing.
Taking the dispute to court
If the landlord and tenant cannot agree on the exit inventory:
- Justice of the peace: the competent court for all tenancy disputes. The procedure is relatively simple and costs are moderate
- Expert appointment: the court can appoint a judicial expert to conduct an independent assessment
- Evidence: the entry inventory, exit inventory (with reservations), photos, correspondence, and expert reports are all admissible
- Normal wear: the court takes into account the duration of the tenancy and normal wear and tear
- Deposit: pending the court’s decision, the rental deposit remains blocked
The court’s expert conducts a thorough assessment, comparing entry and exit conditions, accounting for normal wear, and determining the fair allocation of repair costs.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 reinforces the contradictory nature of the inventory. Both parties must be present or represented. Brussels courts are experienced in inventory disputes.
Walloon Region
The decree of 15 March 2018 provides the same protections. Walloon justices of the peace regularly handle inventory disputes and can appoint experts quickly.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 requires the plaatsbeschrijving to be contradictory. Disputes can be brought before the vrederechter (justice of the peace).
Article 1730 of the Belgian Civil Code (contradictory inventory). Article 1731 (presumption of good condition). Judicial Code (justice of the peace procedure and expert appointment).