In Belgium
Quiet enjoyment (jouissance paisible / rustig genot) is a fundamental right guaranteed to every tenant under Belgian law. The landlord is legally obliged to ensure the tenant can use the rented property without interference, whether from the landlord themselves, from defects in the property or from third parties asserting rights over it.
Legal basis. Article 1719 of the Civil Code imposes on the landlord the obligation to provide quiet enjoyment. This covers three dimensions: physical disturbance (noise, intrusions), legal disturbance (third-party claims) and material disturbance (defects rendering the property unfit).
Scope. The obligation is ongoing — it applies from the moment the keys are handed over until the end of the lease. It covers the dwelling itself and any common areas included in the lease (garden, parking, cellar).
How it works
Landlord intrusions. The landlord cannot enter the property without the tenant’s agreement, except in clearly defined circumstances (urgent repairs, right of access with notice).
Property defects. If a hidden defect or maintenance issue substantially impairs habitability, the tenant’s quiet enjoyment is breached. The tenant can request repairs, rent reduction or judicial termination.
Third-party disturbances. The landlord is not liable for disturbances caused by other tenants in the same building (unless the landlord is also their landlord), but is liable for abnormal neighbourhood disturbances caused by construction works they commission.
Practical example
A landlord undertakes major renovation works in the apartment above, causing persistent noise, dust and water leaks for 3 months. The tenant requests a rent reduction from the justice of the peace. The judge grants a 40% rent reduction for the affected period and orders the landlord to complete the works within 30 days under penalty payment of 50 EUR per day of delay.