Refusal to sign inventory: what to do?
Refusal to sign inventory: what to do?
- 01 Legal obligation
- 02 Cases of refusal
- 03 Alternatives
- 04 Practical advice
Legal obligation of the property inventory
In Belgium, the move-in property inventory is a legal obligation for main-residence leases. Both parties are required to carry it out.
What the law says
| Region | Obligation | Consequences of absence |
|---|---|---|
| Brussels | Mandatory, written, adversarial | Tenant presumed good condition |
| Wallonia | Mandatory, written, adversarial | Tenant presumed good condition |
| Flanders | Mandatory, written, adversarial | Tenant presumed good condition |
When to carry it out
- Move-in: before or at the time of key handover
- Move-out: at the time the keys are returned
The document must be detailed, adversarial (both parties present) and signed by both parties. For the full framework, see our guide on the property inventory.
Cases of refusal
The tenant refuses to sign
| Reason for refusal | Appropriate response |
|---|---|
| Disagreement on the description | Negotiate the contested points |
| Certain rooms missing | Complete the document |
| Pressure or haste | Reschedule the appointment |
| Total disagreement | Call upon an expert |
The landlord refuses to sign
The landlord may refuse to sign if the tenant added non-agreed notes. However, the landlord is obliged to carry out an inventory.
The landlord refuses to carry out an inventory
- The tenant sends a formal notice by registered letter
- The tenant proposes a date and time
- If the landlord does not respond, the tenant applies to the justice of the peace
- The judge appoints an expert at the landlord’s expense
If the landlord refuses the inventory, they will be unable to claim any repairs at the end of the lease. The tenant is presumed to have received the property in good condition and to return it in the same condition. This is strong protection for the tenant.
Alternatives in case of disagreement
Approved expert
If the parties cannot agree on the content of the inventory, they may call upon an approved property expert.
| Aspect | Detail |
|---|---|
| Appointment | By mutual agreement or by the judge |
| Cost | EUR 150-500 (shared equally) |
| Timeframe | 1 to 3 weeks |
| Value | Binding unless proven otherwise |
Justice of the peace
The justice of the peace may:
- Order an expert inventory
- Record a party’s refusal
- Draw the legal consequences of the refusal
Bailiff’s report
In case of persistent refusal, a bailiff’s report may unilaterally establish the condition of the property. This document does not have the same value as an adversarial inventory but constitutes strong evidence.
Practical advice
To avoid refusal
- Schedule the inventory at a date that suits both parties
- Allow sufficient time (1 to 2 hours)
- Use a structured template (room by room)
- Take supporting photos of each element
- Remain factual and objective in descriptions
In case of refusal
- Do not sign a document you disagree with
- Note your reservations in writing on the document
- Propose calling upon a neutral expert
- Document your position (photos, correspondence)
For the landlord
Prepare a detailed inventory integrated into your lease. Keep all documents with a rental management software. Also see our guide on contesting a move-out inventory.