Move-out inventory and tenant repair obligations
Move-out inventory and tenant repair obligations
The principle of tenant repairs in Belgium
At the end of the lease, the tenant must return the property in the condition described in the property inventory at move-in, subject to normal wear and tear. This is the fundamental principle established by article 1730 of the Belgian Civil Code.
Tenant repairs refer to the small maintenance repairs the tenant must carry out during and at the end of the lease. They are distinct from major repairs (roof, structure, fixed installations) which remain the landlord’s responsibility.
The boundary between what falls on the tenant and what is the landlord’s responsibility is a frequent source of disputes before the Justice of the Peace. This guide clarifies each party’s responsibilities.
List of common repairs payable by the tenant
Walls and ceilings
- Fill wall plug and fixing holes
- Repair impacts and surface cracks caused by the tenant
- Remove wallpaper applied by the tenant (unless agreed otherwise)
Floors
- Deep clean (carpet, tiles, parquet)
- Replace parquet boards or tiles damaged by abnormal use
Bathrooms and kitchen
- Replace worn silicone sealant (washbasin, bath, shower)
- Descale taps
- Clean limescale and mould marks
Miscellaneous
- Replace burnt-out bulbs
- Repair or replace broken door handles
- Maintain the garden if there is one (mowing, hedge trimming)
To know what falls under normal wear and tear, see our dedicated guide.
Normal wear vs. tenant damage
The distinction between normal wear and damage is crucial. The tenant cannot be held responsible for the natural depreciation of the property.
| Situation | Normal wear | Tenant damage |
|---|---|---|
| Paint yellowed by sunlight | Yes | No |
| Wall plug holes neatly filled | No (to be filled) | No |
| Carpet worn after 9 years | Yes | No |
| Cigarette burn on floor | No | Yes |
| Furniture marks on parquet | Yes | No |
| Broken door | No | Yes |
Always compare the move-in and move-out inventories. Only damage absent from the move-in inventory and exceeding normal wear may be charged to the tenant.
Disputes and impact on the rental deposit
In case of disagreement over the repairs to be made, the landlord may:
- Withhold part of the rental deposit corresponding to the repair cost
- Request quotes to quantify the works
- Apply to the Justice of the Peace if the tenant contests the deduction
The judge will rely on the move-in and move-out inventories, photos, quotes and the concept of normal wear to decide. If the move-in inventory is incomplete, the burden of proof rests on the landlord.
Tips for preparing move-out
- Reread your move-in inventory — identify what has changed and what needs repair
- Carry out small repairs yourself — it is often less costly than a deduction from the deposit
- Deep clean — a clean property significantly reduces disputes
- Photograph everything before handing over the keys, to prove the property’s condition
For precise tracking of your move-out deadlines and documents, a rental management software helps you centralise inventories, photos and deposit. Also see our guide on painting: who pays what and holes in walls.