Evidence in rental disputes: what to keep
What evidence to keep for a rental dispute in Belgium: documents, photos, testimonies and how to organise them for the justice of the peace.
- 01 Essential documents
- 02 Material evidence
- 03 Organisation
- 04 Checklist
Essential documents to keep
| Document | Why to keep it | Duration |
|---|---|---|
| Signed lease | Basis of the contract | Lease + 5 years |
| Proof of registration | Enforceability against third parties | Lease + 5 years |
| Entry property inventory | Reference for damage | Lease + 5 years |
| Exit property inventory | Final record | 5 years after moving out |
| Proof of rental deposit | Amount and constitution | Until release |
| Rent payment receipts | Full history | Lease + 5 years |
| Correspondence (registered letters) | Record of exchanges | Lease + 5 years |
All these documents are crucial before the justice of the peace. An incomplete file weakens your position.
Material evidence and testimonies
Photos and videos
| Rule | Detail |
|---|---|
| Date each photo | Enable automatic timestamping |
| Photograph the whole | Wide view + details |
| Visible context | Include reference points (window, door) |
| Regularly | Before/after works, each visit |
Written testimonies
A written testimony (attestation) from a neighbour, tradesperson or visitor is admissible. The attestation must be dated, signed and accompanied by a copy of the witness’s identity card.
Digital communications
Emails, SMS and WhatsApp messages are valid evidence in Belgian civil law. Take screenshots with the date visible.
Bailiff’s report
A bailiff’s report is the strongest form of evidence. It is indisputable and has a certain date. Cost: 200-400 EUR.
Organising your evidence file
Chronological filing
File all items by date. Number each item (item 1, item 2…) and create an inventory.
Summary of facts
Write a chronological summary of the facts (maximum 2 pages) for the court. Each fact should be linked to an item in the file.
A rental management software automatically centralises documents, exchanges and payment receipts.
[!tip] Practical tip Start building your file from the beginning of the lease, not at the time of the dispute. A good evidence file is built throughout the rental relationship.
Evidence checklist
- Signed and registered lease
- Property inventories (entry and exit)
- Payment receipts (bank statements, transfers)
- All correspondence (registered letters, emails, SMS)
- Dated photos/videos of the dwelling
- Invoices for works and repairs
- Witness attestations if needed
Consult the rental disputes guide and the steps to resolve a conflict. Create a comprehensive lease to prevent disputes.