Urgent repairs in a rented dwelling: who decides, who pays
An urgent problem occurs in your rented dwelling (leak, heating failure, electrical hazard). Who must intervene, who pays and what are the deadlines in Belgium.
What constitutes urgent work in a rental
Not all problems are emergencies. Under Belgian law, urgent work is that which cannot wait without risk to:
- The safety of the occupants (electrical fault, risk of collapse)
- The health of the occupants (no heating in winter, severe mould)
- The integrity of the property (major water leak, roof infiltration)
| Situation | Urgent? | Who pays |
|---|---|---|
| Boiler breakdown (winter) | Yes | Landlord (except annual maintenance = tenant) |
| Major water leak | Yes | Landlord (pipes) or tenant (seal/tap) |
| Dangerous electrical fault | Yes | Landlord |
| Broken front door lock | Yes | Tenant (except wear and tear) |
| Dripping tap | No | Tenant (minor repair) |
| Peeling paint | No | According to the lease |
| Broken intercom | No | Landlord |
In Emma’s case, the boiler breakdown in winter with a temperature of 12 degrees is clearly an emergency. The landlord must intervene.
A small repair can be urgent (lock broken at night) and a large job may not be (facade renovation). It is the urgency of the situation, not the amount, that determines the tenant’s right of intervention.
Tenant’s rights in an emergency
The principle
The tenant cannot normally carry out works in the dwelling without the landlord’s agreement. But in an emergency, they have the right to intervene if:
- They have attempted to contact the landlord (call, SMS, email)
- The landlord does not respond within a reasonable time (a few hours for an emergency)
- The intervention is necessary to prevent more serious damage
- They choose a competent professional (no DIY)
- They document the emergency and the intervention (photos, invoices)
Reimbursement
The landlord is required to reimburse the costs if the emergency is established and the work fell within their obligations. Legal basis: article 1720 of the Civil Code (obligation to maintain the property in a fit state).
The tenant can:
- Deduct the repair cost from the next month’s rent (with supporting documents)
- Request reimbursement in writing
- Refer to the justice of the peace in case of refusal
For non-urgent repairs, see our guide on works and maintenance.
Landlord’s obligations
Reasonable response times
| Type of problem | Expected response time |
|---|---|
| Immediate danger (gas, electrical) | A few hours |
| Heating breakdown (winter) | 24-48 hours |
| Major water leak | 24 hours |
| Broken lock | 24 hours |
| Non-urgent problem | 7-15 days |
Maintenance obligation
The landlord must maintain the property in a fit state for the use for which it is rented (article 1720 of the Civil Code). This includes:
- Maintenance of heating installations (except annual servicing = tenant)
- Repair of pipes and structural plumbing
- Electrical compliance upgrades
- Waterproofing of the roof and walls
Liability for inaction
If the landlord does not respond and the tenant suffers harm (damage to belongings, health problems), the landlord can be ordered to pay damages in addition to reimbursement of works.
Procedure if the landlord does not respond
Step 1: Attempt contact (immediately)
Call, send an SMS and an email. Contact the manager or agency if applicable. Keep evidence of your attempts.
Step 2: Call in a professional
If the landlord does not respond after a reasonable time (a few hours in an emergency), call in a professional. Request a quotation before the intervention if possible, and a detailed invoice afterwards.
Step 3: Inform the landlord
As soon as they are reachable, inform them in writing of the intervention: nature of the problem, contact attempts, work carried out, cost, invoice attached.
Step 4: Request reimbursement
By registered letter if the landlord refuses to reimburse. 15-day deadline. In case of refusal, refer to the justice of the peace.
Prevention
- Landlord: leave an emergency number in the lease and designate a contact in case of prolonged absence
- Tenant: note the landlord’s, manager’s and building manager’s contact details
- A rental management software allows the tenant to report problems online and the landlord to react remotely
To create a lease with an emergency clause and replacement contact, use our online lease generator. For other situations, see our case studies.