FAQ — Rights & obligations
Access to the dwelling, minor works, rent increase, pets — everything about the rights and duties of landlords and tenants in Belgium.
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No, except in emergencies (fire, water damage). The landlord must obtain the tenant's consent and arrange an appointment. The tenant's right to privacy is protected.
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Routine maintenance and minor repairs: seals, light bulbs, descaling, boiler servicing, unblocking drains. Structural repairs remain the landlord’s responsibility.
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No, apart from the annual legal indexation. The landlord cannot impose a unilateral increase. Only the indexation calculated according to the legal formula is allowed, once a year.
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Yes, based on objective criteria (solvency, references). No, based on discriminatory criteria (origin, sex, orientation, disability, family status). The anti-discrimination law applies.
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The dwelling must be structurally sound, watertight, well-lit, ventilated, equipped with compliant sanitary and electrical installations. Each Region sets its own standards via a housing code.
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Only if the lease expressly permits it. Without a clause, full subletting is prohibited. Partial subletting is allowed for the primary residence if the tenant remains on the premises.
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Yes, the landlord can organise viewings at reasonable hours, in agreement with the tenant. The lease may provide for a limited viewing right (e.g. 2 days/week, 2h max).
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Yes, the tenant has the right to register at the address of the rented dwelling. The landlord cannot object. It is a legal obligation for the primary residence.
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The tenant can request an inspection from the regional housing service, formally demand repairs by registered letter, and petition the justice of the peace to obtain works or lease termination.
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No, the tenant cannot unilaterally withhold rent, even if repairs are needed. They must petition the justice of the peace to request rent consignment.
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No, this is strictly prohibited and constitutes an act of force. The landlord can never cut off water, gas or electricity to force a tenant to leave.
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Small reversible improvements (paint, shelves) are allowed without consent. Significant modifications (knocking down a wall, new kitchen) require the landlord's written consent.
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Yes, the landlord must have a valid EPC certificate before listing the property for rent. It must be mentioned in the advertisement and provided to the tenant.
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Yes, if the provisions are insufficient compared to actual expenses. They must provide an annual itemised statement. The tenant can challenge excessive amounts.
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In principle yes, unless the lease states otherwise. The installation must not cause damage to the building. In a co-ownership, the regulations may prohibit it.
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The landlord can send a formal demand and then petition the justice of the peace to obtain lease termination and/or payment of arrears. Late-payment interest may be provided for in the lease.
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Yes, in all three Regions. The landlord must install it, and the tenant must maintain it (battery replacement). Non-compliance can lead to penalties and insurance refusal.
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Fire insurance is not legally mandatory for the landlord (except in co-ownerships). However, it is strongly recommended to cover building damage.
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Insurance is not legally mandatory for the tenant, but the lease may require it. Tenant's liability insurance is strongly recommended to cover risks (fire, water damage).
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Major repairs (roof, boiler, facade, defective electrical/sanitary installations) and everything related to the structure and compliance of the dwelling.
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It depends on the origin. If it is structural (roof infiltration, walls), the landlord is responsible. If it is behaviour-related (insufficient ventilation), the tenant is responsible.
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Yes, but it is recommended to pay by bank transfer for traceability. If payment is made in cash, the tenant should request a signed receipt from the landlord.
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Yes, the tenant has the right to request a free rent receipt. The landlord is required to provide it on request. It certifies that payment has been made.
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No, during the lease, only the tenant can change the locks. The landlord has no right to enter the dwelling without the tenant's consent.
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Yes, if major works render the dwelling partially uninhabitable, the tenant can ask the justice of the peace for a proportional rent reduction during the works.
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The tenant can request a proportional rent revision based on the discrepancy. In Brussels, the floor area must appear in the lease since 2018.
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The lease may specify a particular payment method (transfer, direct debit). In the absence of a clause, the tenant can pay by any legal means. Bank transfer is recommended for traceability.
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The landlord must provide a dwelling equipped with a functioning heating system. Annual boiler servicing is generally the tenant's responsibility.
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Yes, routine garden maintenance (mowing, trimming, weeding) is the tenant's responsibility. Major landscaping works (felling a tree, replacing a fence) are the landlord's responsibility.