No automatic obligation to repaint
The tenant is not automatically required to repaint when leaving. Normal wear of paint (yellowing, minor marks from furniture) is the landlord’s responsibility. The tenant must only repaint if they painted the walls a different colour or caused damage beyond normal wear (large holes, stains, peeling from negligence). The entry inventory is the reference document.
The principle is straightforward: the tenant must return the property in the same condition as they received it, minus normal wear and tear. If the entry inventory noted “white walls in good condition” and the walls are now slightly yellowed after 5 years of normal use, this is wear — not damage.
When repainting is required
| Situation | Must tenant repaint? |
|---|---|
| Normal yellowing after several years | No |
| Minor scuff marks from furniture | No |
| Small nail holes (from hanging pictures) | Fill holes, no repainting |
| Tenant painted walls bright red | Yes — restore original colour |
| Smoke-stained walls (heavy smoking) | Yes — beyond normal wear |
| Wallpaper applied by tenant | Yes — remove and restore |
| Grease stains in kitchen | Depends on severity |
A detailed entry inventory with photographs is essential. Without one, the tenant is presumed to have received the property in good condition, which shifts the burden of proof in their favour for wear claims but against them for damage claims.
Normal wear vs tenant damage
The distinction between normal wear and tenant damage is central:
Normal wear (landlord’s cost):
- Paint yellowing over time
- Minor scuffs from daily living
- Slight fading near windows
- Hairline cracks from building settlement
Tenant damage (tenant’s cost):
- Bright or unconventional paint colours
- Large holes or gouges
- Nicotine stains from smoking
- Water damage from tenant negligence
- Wallpaper or adhesive residue
If a dispute arises, the justice of the peace will compare the entry and exit inventories and may order an expert assessment.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 reinforces the importance of the entry inventory. Without one, the tenant is presumed to have received the property in good condition.
Wallonia
The Decree of 15 March 2018 applies the same rules regarding wear and tear. An entry inventory is mandatory.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 requires an entry inventory and follows the same wear vs damage distinction.
Civil Code, articles 1730-1731 (return of property). Civil Code, article 1754 (tenant repairs). Law of 20 February 1991 (entry inventory obligation).