Inventory and normal wear and tear: definition
Inventory and normal wear and tear: definition
Legal definition of normal wear and tear
Normal wear and tear — also called depreciation — is a fundamental concept in Belgian rental law. Article 1730 of the Civil Code provides that the tenant must return the property in the condition in which they received it, except for what has deteriorated through wear and tear or force majeure.
In other words, the tenant is not responsible for the natural deterioration of the property caused by time and normal use. The landlord bears the cost of depreciation: they cannot require the tenant to return a like-new property after several years of occupation.
This principle applies in all Belgian Regions and for all types of leases (main residence, furnished, student, commercial). It is compared to the property inventory at move-in: only damage exceeding normal wear may be charged to the tenant.
Concrete examples: normal wear vs. damage
| Situation | Normal wear | Tenant damage |
|---|---|---|
| Yellowed/faded paint | Yes | No |
| Nicotine stains on walls | No | Yes |
| Parquet worn in traffic areas | Yes | No |
| Pot burn on worktop | No | Yes |
| Bathroom joints blackened | Yes (after 5+ years) | No |
| Broken window | No | Yes |
| Carpet flattened after 8 years | Yes | No |
| Torn wallpaper | No | Yes |
| Tap dripping due to limescale | Yes (after 10+ years) | No |
| Forced lock | No | Yes |
The main criterion is proportionality: is the condition of the property consistent with the duration of occupation and use conforming to its purpose?
Indicative wear and tear scale
Unlike France, Belgium does not have a legally binding wear and tear scale. However, the Justice of the Peace uses average lifespan references to assess depreciation:
| Element | Average lifespan |
|---|---|
| Interior paint | 7-10 years |
| Wallpaper | 7-10 years |
| Carpet | 7-10 years |
| Parquet (sanding/varnishing) | 15-20 years |
| Tiles | 25-30 years |
| Taps/fixtures | 10-15 years |
| Bathroom sealant | 5-7 years |
| Appliances | 8-12 years |
| Shutters and blinds | 15-20 years |
| Boiler | 15-20 years |
When an element has exceeded its average lifespan, its replacement or restoration is entirely at the landlord’s expense, even if the tenant slightly damaged it.
The tenant’s share is calculated as follows: replacement cost x (remaining lifespan / total lifespan). The older the element, the less the tenant pays.
In case of dispute over normal wear
If landlord and tenant cannot agree on the nature of the wear, the dispute is settled by the Justice of the Peace for the area of the property. The judge relies on:
- Comparison of move-in and move-out inventories
- Photos and supporting documents
- Duration of the lease
- Age and quality of the materials concerned
- Expert opinion (if applicable)
The stake is often the release of the rental deposit. Without an amicable agreement, the deposit remains blocked until the judge’s decision or an agreement between the parties.
Practical advice
- Be precise in the move-in inventory — the more detailed the description, the easier the comparison at move-out
- Photograph everything at move-in and move-out, with timestamps
- Maintain the property during the lease — regular maintenance slows wear and avoids disputes
- In case of disagreement, propose an amicable solution first before applying to the Justice of the Peace
To generate a lease providing for wear and tear and restoration clauses, use our online lease generator. A rental management software helps you track the age of equipment and anticipate replacements. Also see our guides on worn carpet and painting.