Disputing move-out inventory: deadlines
Disputing move-out inventory: deadlines
Contestation deadlines
In Belgium, there is no specific legal deadline for contesting a move-out property inventory. Several deadlines apply in practice, however.
Applicable deadlines
| Situation | Deadline |
|---|---|
| Contestation before release of the deposit | Immediate (recommended) |
| Action before the justice of the peace | 1 year after the end of the lease (limitation) |
| Contestation of a signed inventory | Difficult, but possible |
| Request for counter-expertise | Within days of move-out |
Limitation
The limitation period for lease-related actions is 1 year from the end of the lease (article 2273 of the Civil Code). After this deadline, no action is admissible.
For the general framework, see our guide on the property inventory in Belgium.
Grounds for contestation
Admissible grounds
| Ground | Example |
|---|---|
| Damage not attributed at move-in | Crack existing at entry, not mentioned |
| Normal wear not accounted for | Wear of a floor covering |
| Error in the description | Incorrect surface area, forgotten rooms |
| Disproportionate costing | Overestimated repair cost |
| Vitiated consent | Pressure, signature under duress |
Weak grounds
- Disagreement on a clearly documented point
- Personal oversight in reporting a problem
- Late contestation without new evidence
- Subjective difference of opinion on condition
Comparison with the move-in inventory is the key to any contestation. Without a move-in inventory, the tenant is presumed to have received the property in good condition, making the move-out contestation much harder.
Contestation procedure
Step 1: amicable contestation
- Draft a registered letter to the landlord (or tenant)
- Detail the contested elements point by point
- Attach evidence: move-in photos, move-in inventory, invoices
- Propose a solution (cost sharing, counter-expertise)
Step 2: counter-expertise
If the disagreement persists, request an adversarial expertise by an independent property expert. The cost is shared between the parties (EUR 300 to 800 depending on complexity).
Step 3: justice of the peace
As a last resort, apply to the justice of the peace for the area where the property is located. The judge will examine both inventories, photographic evidence and testimonies.
| Route | Cost | Timeframe |
|---|---|---|
| Registered letter | EUR 10 | 2-4 weeks |
| Counter-expertise | EUR 300-800 | 2-6 weeks |
| Justice of the peace (petition) | Free | 2-6 months |
| Justice of the peace (summons) | EUR 150-300 | 2-6 months |
Practical advice
To prevent disputes
- Draft a detailed move-in inventory with photos
- Carry out an adversarial inventory (both parties present)
- Take dated photos at move-in and move-out
- Apply a wear and tear scale to objectify wear
In case of contestation
- Act quickly (before the release of the rental deposit)
- Gather all written and photographic evidence
- Favour an amicable solution before legal proceedings
- Seek assistance if the amount at stake is significant
Formalise your inventories with our lease generator and centralise your documents with a rental management software.