The tenant refuses the property inventory: what to do
Your tenant refuses to sign the property inventory in Belgium? Legal consequences, adversarial expert procedure and landlord's remedies.
Refusal of the property inventory: Philippe’s situation
Philippe owns an apartment in Waterloo. At the end of the lease, he organises the move-out property inventory with the tenant. During the visit, they observe damage: moisture marks in the bathroom, scratched parquet in the living room, unfilled holes in the walls.
The tenant disputes three points:
- The moisture marks were already present at move-in (they cite a reported defect)
- The parquet scratches are normal wear and tear
- The holes are minor and do not justify a deduction
The tenant refuses to sign the move-out property inventory. Philippe is stuck.
Everything hinges on the comparison between the move-in property inventory and the move-out one. If the move-in property inventory is detailed and accompanied by photos, the landlord is in a strong position. Without a move-in property inventory, the property is presumed to be in good condition — which disadvantages the tenant.
Each party’s rights
The tenant can refuse
The tenant has the right to refuse to sign a document they disagree with. Forcing them to sign would constitute a defect of consent.
However, the refusal does not block the procedure: the landlord can call upon an adversarial expert.
The landlord must act
The landlord cannot:
- Withhold the rental deposit without a move-out property inventory
- Change the locks to prevent the tenant from leaving
- Charge for damage without proof
The landlord can:
- Request an adversarial expert
- Compare the move-in and move-out property inventories
- Refer to the justice of the peace if the disagreement persists
| Situation | Consequence |
|---|---|
| Move-out inventory signed by both | The document is authoritative |
| Move-out inventory refused, expert appointed | The expert report is authoritative |
| No move-out inventory at all | Property presumed in good condition (the landlord loses) |
The adversarial expert
When to appoint one
If the tenant refuses to sign the amicable property inventory, the landlord must appoint an adversarial expert within 8 days of the key handover.
Who can be an expert
- Approved surveyor-expert
- Architect
- Certified property expert
- Court-appointed expert (as a last resort)
Process
- The landlord contacts an expert and sets a date
- Both parties are summoned (the tenant can be represented)
- The expert visits the property, compares with the move-in property inventory
- They draft a detailed report with photos and damage assessment
- The report is sent to both parties
Costs
| Type of expertise | Average cost | Allocation |
|---|---|---|
| Amicable expert | 200-350 EUR | 50/50 |
| Court expert (justice of the peace) | 400-800 EUR | According to the judge’s decision |
The cost of the expertise can be charged to the tenant (via the deposit) if they are responsible for the damage found.
Practical advice
For the landlord
- Act quickly: appoint the expert within 8 days after the key handover
- Keep the photos from the move-in property inventory — they are the number one proof
- Document the damage with dated photos before any repair
- Do not release the deposit until the dispute is resolved
For the tenant
- Be present during the adversarial expertise (otherwise the report is made without you)
- Prepare your arguments: move-in photos, defect reports made during the lease
- Normal wear and tear is not your responsibility: a scratched parquet after 9 years of lease is normal wear and tear
- Minor repairs (screw holes, furniture marks) are generally considered normal
A rental management software archives your property inventories with photos and facilitates the move-in/move-out comparison. To create a lease with a detailed property inventory clause, use our online lease generator. For other situations, see our case studies.