How repair costs are allocated
The tenant pays for damage beyond normal wear: holes, deep scratches, stains, broken fixtures. The landlord pays for structural issues, pre-existing defects, and normal wear. The entry-exit inventory comparison determines the allocation. Disputed amounts can be deducted from the rental deposit.
Allocation principle:
| Damage type | Who pays |
|---|---|
| Normal wear and tear | Landlord |
| Tenant damage (negligence) | Tenant |
| Pre-existing defects (in entry inventory) | Landlord |
| Structural issues | Landlord |
| Force majeure | Building insurance |
Common repair items and who pays
The most common exit inventory items: repainting (tenant if excessive marks, landlord if normal ageing), floor refinishing (tenant if deep scratches, landlord if normal wear), cleaning (tenant if excessive, landlord for normal state), fixture repair (tenant if broken through misuse).
| Item | Tenant’s liability | Landlord’s liability |
|---|---|---|
| Repainting | Large holes, excessive marks, smoke stains | Faded paint, minor marks after long tenancy |
| Floors | Deep scratches, burns, major stains | Normal traffic wear, minor scuffs |
| Cleaning | Excessive dirt, grease buildup | Normal dust, minor dirt |
| Fixtures | Broken handles, damaged taps from misuse | Wear from normal use, ageing |
| Windows | Broken glass (not storm) | Failed seals, rotting frames |
| Garden | Overgrown, dead plants from neglect | Seasonal changes, natural ageing |
The landlord cannot charge the tenant for bringing the property to a better condition than at entry. The reference is always the entry inventory. If the walls were already marked at entry, the tenant is not liable for similar marks at exit.
Disputes and deposit deductions
If landlord and tenant disagree on repair costs:
- Negotiation: discuss the disputed items and try to reach a compromise
- Expert opinion: request an independent expert assessment
- Deposit: disputed amounts remain in the blocked deposit account pending resolution
- Justice of the peace: if no agreement, either party can apply to the court
- Court decision: the judge determines the fair allocation based on inventories, photos, and expert reports
The rental deposit can only be released:
- By mutual agreement (both parties sign the release)
- By court order (if no agreement is reached)
- The bank cannot release the deposit unilaterally
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 governs the exit inventory procedure. Brussels courts are experienced in assessing repair cost allocation and apply the normal wear principle consistently.
Walloon Region
The decree of 15 March 2018 provides the same framework. Walloon courts follow established case law on the distinction between normal wear and tenant damage.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 applies the same principles. The decree’s list of tenant vs landlord repairs provides guidance on allocation.
Article 1730-1731 of the Belgian Civil Code (inventory and presumption). Article 1732 (tenant’s liability). Article 1754-1755 (major vs minor repairs). Regional tenancy legislation.