The tenant’s restoration obligation
Yes. The tenant must return the property in the same condition as at entry, as recorded in the inventory of fixtures, minus normal wear and tear. Damage beyond normal wear must be repaired or compensated. The comparison between entry and exit inventories determines the tenant’s liability.
This obligation derives from Article 1730 of the Civil Code and regional tenancy legislation. The key principles:
- Reference point: the entry inventory of fixtures is the baseline
- Normal wear: accepted and not the tenant’s responsibility (faded paint, minor scuff marks, worn floor finish)
- Damage: the tenant’s responsibility (holes in walls, broken fixtures, stained carpets beyond normal use)
- No entry inventory: the tenant is presumed to have received the property in good condition
Normal wear versus tenant damage
Normal wear and tear is the gradual deterioration resulting from ordinary use of the property. Damage is deterioration caused by the tenant’s negligence, misuse or lack of maintenance. The distinction is assessed case by case.
| Normal wear (tenant not liable) | Damage (tenant liable) |
|---|---|
| Faded paint from sunlight | Large holes in walls |
| Minor scuff marks on floors | Deep scratches or burns on floors |
| Slight yellowing of white paint | Nicotine stains from smoking |
| Worn door handles | Broken door or window |
| Lime scale in bathroom | Mould from lack of ventilation |
The assessment takes into account the age of the elements, the duration of the tenancy, and the number of occupants. A wall repainted 10 years before the tenancy started cannot be expected to be in the same condition after a 9-year lease.
Without an entry inventory, the tenant is legally presumed to have received the property in good condition. This makes it very difficult to prove that damage was pre-existing. Always insist on a detailed entry inventory.
Improvements made by the tenant
Improvements made by the tenant during the tenancy raise specific questions:
- Without landlord consent: the tenant must remove the improvements and restore the original condition, unless the landlord agrees to keep them
- With landlord consent: the terms agreed upon apply. If no terms were agreed, the landlord generally cannot require removal
- Structural changes: always require prior written consent from the landlord
- Compensation: the tenant has no automatic right to compensation for improvements, even if they increase the property’s value
It is advisable to document any authorised improvements in a written addendum to the lease, specifying who bears the cost and what happens at the end of the tenancy.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 confirms the tenant’s obligation to return the property in its original condition, minus normal wear. The Brussels legislation emphasises the importance of the inventory of fixtures.
Walloon Region
The decree of 15 March 2018 follows the same principles. Walloon case law is consistent with the federal Civil Code provisions on the tenant’s restoration obligation.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 requires the tenant to return the property in its original condition (oorspronkelijke staat), minus normal wear (normale slijtage). The plaatsbeschrijving is the reference document.
Article 1730 of the Belgian Civil Code (inventory of fixtures). Article 1731 (presumption of good condition). Article 1732 (tenant’s liability for damage). Regional tenancy legislation.