The tenant is presumed to have received good condition
Without an entry inventory, the tenant is legally presumed to have received the property in good condition (Article 1731 Civil Code). This means the tenant is liable for all damage found at exit, even if it was pre-existing. This is very disadvantageous for the tenant.
Consequences:
| Party | Consequence |
|---|---|
| Tenant | Presumed to have received good condition — liable for all damage at exit |
| Landlord | Cannot prove the property was in a specific better condition |
| Both | No reference point for comparison at exit |
Consequences for the tenant
Without an entry inventory, the tenant faces: liability for pre-existing damage they did not cause, difficulty recovering the rental deposit, and a weak position in any dispute about the property’s condition.
Practical examples:
- Cracked wall tiles that were already cracked at entry — tenant pays
- Stained carpet that was already stained — tenant pays
- Scratched floor that was already scratched — tenant pays
- Broken appliance that was already broken — tenant pays
The tenant can try to prove pre-existing damage through other means (photos, witness statements, correspondence), but this is much harder than having an entry inventory.
If the landlord refuses to conduct an entry inventory, the tenant should: send a formal notice requesting one, document the property’s condition independently with dated photos and witness statements, and if necessary apply to the justice of the peace within the first month.
Can the presumption be rebutted?
The legal presumption of good condition can be rebutted, but the burden of proof is on the tenant:
- Dated photos: taken at or near the start of the tenancy, showing pre-existing damage
- Witness statements: from people who saw the property’s condition at entry
- Correspondence: emails or letters mentioning the property’s condition
- Expert report: a unilateral expert report has weaker value but is better than nothing
- Structural defects: some damage is clearly structural and cannot be caused by a tenant
In practice, rebutting the presumption is difficult. This is why the entry inventory is so important and why both parties should insist on conducting one.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 makes the entry inventory mandatory. Brussels courts strictly apply the presumption of good condition when no inventory exists.
Walloon Region
The decree of 15 March 2018 mandates the entry inventory and applies the same presumption.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 requires the entry plaatsbeschrijving. Without it, the presumption of good condition (vermoeden van goede staat) applies.
Article 1731 of the Belgian Civil Code (presumption of good condition without inventory). Article 1730 (mandatory inventory). Regional tenancy legislation.