The Belgian Rental Lease Agreement is a legally binding document used to establish and regulate the relationship between property owners and tenants in Belgium. This document is essential for any residential or commercial property rental transaction and must comply with Belgian federal law as well as specific regional regulations (Brussels-Capital, Flanders, or Wallonia). The lease agreement includes mandatory provisions regarding rent payment, security deposits, maintenance obligations, and termination rights, while also addressing property-specific details and any special conditions agreed between the parties. It must be registered with local authorities and requires specific formalities such as energy performance certificates and property condition inventories.
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1. Parties: Identification and details of the landlord and tenant(s), including full legal names, national numbers, and contact information
2. Background: Context of the rental agreement and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the rental property, including address and cadastral details
5. Term and Commencement: Duration of the lease and start date, specifying whether it's a short-term (≤3 years) or long-term (9 years) lease
6. Rent and Charges: Rental amount, payment terms, indexation, and common charges
7. Security Deposit: Amount, form, and conditions of the security deposit as per Belgian law
8. Use of Property: Permitted use of the property and any restrictions
9. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance and repairs
10. Insurance: Required insurance coverage for both parties
11. Termination: Conditions and procedures for early termination by either party
12. Registration: Obligations regarding official registration of the lease
13. Governing Law: Specification of Belgian law and applicable regional regulations
14. Signatures: Execution clause and signature blocks for all parties
1. Subletting and Assignment: Terms for subletting or assigning the lease, include if subletting might be permitted
2. Pets: Rules regarding keeping pets in the property, include if pets might be allowed
3. Modifications: Terms for making alterations to the property, include if renovations might be permitted
4. Shared Facilities: Rules for common areas and shared facilities, include for apartment buildings
5. Professional Use: Terms for professional use of the property, include if mixed residential/professional use is possible
6. Green Clauses: Environmental and energy efficiency obligations, include for properties with specific environmental features
7. Parking: Terms for parking spaces or garage use, include if parking is available
8. Garden Maintenance: Responsibilities for garden upkeep, include if property has outdoor space
1. Schedule 1 - Inventory: Detailed inventory of the property condition (état des lieux/plaatsbeschrijving)
2. Schedule 2 - House Rules: Building or complex regulations, particularly relevant for apartments
3. Schedule 3 - Energy Performance Certificate: Mandatory energy performance certificate (PEB/EPB)
4. Schedule 4 - Floor Plans: Layout and measurements of the property
5. Schedule 5 - Photographic Record: Photos documenting the property's condition at the start of tenancy
6. Schedule 6 - Maintenance Schedule: List of maintenance tasks and their frequency
7. Schedule 7 - Safety Certificates: Electrical, gas, and other mandatory safety certificates
8. Schedule 8 - Prior Approvals: Any existing permits or approvals relevant to the property use
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