My dwelling is flooded: what to do with the lease
Your rented dwelling is flooded in Belgium. Impact on the lease, rent suspension, insurance, rehousing and rights of the tenant and landlord.
Flooded dwelling: Sarah’s situation
Sarah rents a ground-floor flat in Verviers. Following exceptional rainfall, the nearby river burst its banks and water rose to 30 cm throughout the dwelling. The furniture, appliances and floor coverings are damaged.
The property is in a medium flood risk zone — the landlord had informed Sarah of this risk in the lease (in accordance with the guide on flood zones).
Flooding is a case of force majeure: no one is responsible. But the consequences for the lease, the rent and insurance must be managed.
Flooding by natural rise of water is a case of force majeure (article 1148 of the Civil Code). Neither the landlord nor the tenant is responsible. Insurance takes over for material damage.
Tenant’s rights
If the dwelling is totally uninhabitable
- The lease is suspended (not automatically terminated)
- The rent is not due during the suspension
- The tenant has a right to temporary rehousing (covered by home insurance, 30 to 180 days)
- The tenant can request lease termination if the uninhabitability is lasting (article 1722 of the Civil Code)
If the dwelling is partially usable
- The lease continues
- The tenant can request a rent reduction proportional to the loss
- Structural repairs are borne by the landlord
- Damaged contents are covered by the tenant’s insurance
| Situation | Rent | Lease |
|---|---|---|
| Totally uninhabitable (short term) | Suspended | Continues (suspended) |
| Totally uninhabitable (long term) | Suspended | Termination possible |
| Partially usable | Reduced | Continues |
| Restored | Normal | Continues normally |
Insurance and compensation
Tenant’s insurance
The tenant’s home insurance covers:
- Contents of the dwelling (furniture, appliances, clothing)
- Temporary rehousing (hotel, furnished accommodation)
- Clearance and cleaning costs
Landlord’s insurance
The landlord insurance covers:
- Building damage (walls, floors, installations)
- Loss of rent during restoration works
- Compliance restoration costs
Claims procedure
- Report the claim to your insurer within 48 hours
- Document the damage: photos, videos, inventory of damaged items
- Do not discard damaged items before the expert’s visit
- Keep the invoices for rehousing and cleaning expenses
For the complete claims procedure, see our dedicated guide.
After the flood
For the landlord
- Assess the damage with an expert
- Plan the restoration works (drying, floor replacement, painting)
- Inform the tenant of the works schedule
- Negotiate the suspension or reduction of rent with the tenant
- If the dwelling is beyond repair: acknowledge the loss and terminate the lease
For the tenant
- Report to your insurer within 48 hours
- Evacuate if the dwelling is dangerous (electricity + water = danger)
- Keep evidence for insurance
- Communicate with the landlord about next steps (stay or leave)
- If you wish to leave: request lease termination by registered letter or before the justice of the peace
Available aid
After a recognised natural disaster, the Belgian authorities activate the calamities fund which offers supplementary compensation. Contact your municipality for details.
To centralise claims documents, use a rental management software. For other situations, see our case studies or create a new lease if necessary.