The Belgian Hire Agreement serves as a fundamental legal instrument for establishing rental relationships in Belgium's property market. This document is essential when any party wishes to rent out or take possession of a property, whether for residential or commercial purposes. The agreement must comply with the Belgian Civil Code and account for the regionalized rental laws that came into effect in 2018, with specific provisions varying depending on whether the property is located in Brussels, Flanders, or Wallonia. The Hire Agreement includes mandatory provisions required by law, such as energy performance certificates, property condition descriptions, and registration requirements, while also allowing for customization based on the specific needs of the parties involved and the nature of the property being rented.
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1. Parties: Identification and details of the landlord and tenant, including full legal names, addresses, and registration numbers if applicable
2. Background: Context of the agreement, including brief description of the property and purpose of the lease
3. Definitions: Key terms used throughout the agreement, ensuring clarity and preventing misinterpretation
4. Property Description: Detailed description of the rented property, including address and cadastral details
5. Term and Commencement: Duration of the lease, start date, and any renewal provisions
6. Rent and Payment Terms: Rental amount, payment schedule, indexation, and payment methods
7. Deposit: Amount, form, and conditions of the rental deposit
8. Utilities and Charges: Allocation of costs for utilities, common charges, and other expenses
9. Use of Property: Permitted use of the property and any restrictions
10. Maintenance and Repairs: Responsibilities of each party regarding maintenance and repairs
11. Insurance: Required insurance coverage for both parties
12. Termination: Conditions and procedures for ending the agreement
13. Governing Law: Confirmation of Belgian law application and jurisdiction
14. Signatures: Execution provisions and signature blocks
1. Subletting and Assignment: Include for properties where subletting might be permitted, typically in commercial leases
2. Alterations and Improvements: Include for properties where tenant modifications might be allowed, especially relevant for commercial properties
3. Environmental Provisions: Include for properties with specific environmental requirements or concerns
4. Break Clause: Include when early termination options are negotiated
5. Property Management: Include when a property management company is involved
6. Special Use Conditions: Include for properties with specific use restrictions or requirements
7. Common Areas: Include for properties in multi-unit buildings or complexes
8. Parking: Include when parking spaces are part of the lease
1. Schedule 1 - Property Inventory: Detailed inventory of the property condition and contents at the start of the lease
2. Schedule 2 - Energy Performance Certificate: Mandatory energy performance details as required by Belgian law
3. Schedule 3 - House Rules: Building or complex regulations if applicable
4. Schedule 4 - Floor Plans: Detailed plans of the rented space
5. Schedule 5 - Utilities Reading: Initial meter readings for utilities
6. Schedule 6 - Maintenance Schedule: Detailed breakdown of maintenance responsibilities
7. Appendix A - Registration Requirements: Information about lease registration with local authorities
8. Appendix B - Safety Certificates: Mandatory safety certificates for electrical, gas, and other installations
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