Rental property rules Flanders: what is allowed and what is not allowed?

Living in a rental property (apartment or house) and renting out a rental property involve rules. Just what are the rental property rules according to the legislation? What is allowed and what is not allowed? What does it mean for the tenant and landlord?

In Flanders, there are rental property rules for the tenant and landlord. In this article you will find an overview per topic: what is allowed and what is not allowed?

General rental property rules
Behavior
- Smoking
- Sound
(Common) properties
- Furniture and installations
- Pets
- Garden
Works
- Drill
- Painting
- Repairs
- Maintenance
- Renovation
Miscellaneous
- Sublet
- Security deposit
- Notice

1. General rental housing rules

The general rental housing rules are:

As a tenant, you have a duty to report defects and damage.
As a tenant, you are obligated to take care of the property like a good family man.
As a tenant, you are responsible for minor maintenance and minor repairs to the home and the cost of these repairs.
As a tenant, you are obligated to return the property in its original condition (except for normal wear and tear). A detailed place description is very important here. This way both parties prove what the original condition of the house or apartment was.
As a landlord, you are responsible for the safety, major maintenance and repairs of the property and associated costs.
For tenant and landlord, the lease and the rules of the Association of Co-owners (VME) are always the basis of the rules surrounding your rental property. These rules are binding on both parties.
If you agreed on additional, specific rules as tenant and landlord, always put this in writing!

Note: Local laws and rules(GAS regulations) in your area may differ from the rental property rules below. Contact an expert for legal advice in your area.

2. Behavior

2.1. Roken

As a tenant and landlord, check the VME’s (internal) regulations first.
As a tenant , you must return the property in its original condition when you leave, even if there is no smoking clause in the lease.
As a landlord, prevent smoking in your rental property? Then add a clause to the lease:
- Mention that smoking is not allowed indoors because it damages the interior.
- Mention that if the tenant does smoke, the smoke damage will be at the tenant’s expense. E.g. replace curtains and paint walls upon departure.
- State that smoking causes increased fire hazards.
As a landlord, it is illegal to refuse a prospective tenant because they smoke. That falls under discrimination.

2.2. Geluid

General rental property rules for tenant and landlord:

First, check your VME’s (internal) regulations.
You may not cause noise such that others interfere with it, either intentionally or negligently.
During the day between 7 am and 10 pm, any rumor or noise is prohibited if you cause it without necessity, you are deficient in precaution and it disturbs the peace of other residents.
At night between 10 p.m. and 7 a.m., any nocturnal chatter or nighttime noise is prohibited if it disturbs the peace of other residents.
Abnormal noise pollution from animals (e.g., prolonged dog barking, yelling, screeching, etc.) is also punishable to the owner of the animal.
Note: Noise regulations vary by police zone. Check your local police department’s GAS regulations via Politie.be. E.g. In some police zones, you are not allowed to drive off grass on Sundays.

Exceptions to the rental property rules for noise are:

playing children.
licensed events of the municipal government.
Work on public roads (with government approval).
Works to construct public utilities (with government approval).
works and actions to be carried out urgently or without further delay to protect persons or property, or to prevent (natural) disasters.
These work on weekdays and Saturdays between 7 am and 10 pm:
- Work on private property (with government approval and permit).
- repair, renovation or maintenance work on private property for which you do not need a permit, and in which you took the necessary precautions to avoid unnecessary noise.

(Common) property 3.

3.1. Meubels en installaties (airco, oven, wasmachine)

As a tenant and landlord, check the VME’s (internal) regulations first.
Built-in furniture is part of the home itself unless the lease states otherwise.
As a tenant, use and care for furniture like a good family man.
As a tenant, you must (have) repairs to installations done competently.
As a landlord, you are responsible for the safety of the home and built-in furniture.
As a landlord, you must provide maintenance instructions from the manufacturer to the tenant, for systems that require specific maintenance. E.g. boilers, furnaces, air conditioners, home automation, heat pumps, etc.

3.2. Huisdieren

As a tenant and landlord, check the VME’s (internal) regulations first.
As a tenant, it is best to always check if the rental property is suitable for pets (large or small).
As a tenant, you can contact the landlord if he prohibits this, to try to convince him/her:
- Argue with well-founded arguments.
- Mention that justices of the peace no longer accept a blanket ban on pets.
As a landlord, you may not prohibit pets in the lease.
As a landlord, you may add restrictive clauses for pets to the lease.
As a landlord, it is illegal to refuse a prospective tenant because he/she has a pet. That falls under discrimination.
As a landlord, preventing nuisance from pets in your rental property? Then add a clause to the lease:
- State that only small pets are allowed if they do not cause a nuisance or inconvenience.

3.3. Tuin

As a tenant and landlord, first check the (internal) regulations of the VME. For large apartment buildings, these include the rules for garden maintenance and use.
As a tenant, you are normally responsible for garden maintenance. Unless otherwise stated.

4. Work

4.1. Boren

As a tenant and landlord, check the VME’s (internal) regulations first.
As a tenant, you may normally drill, as long as you return the apartment in its original condition. Fill holes on your departure.
If you as a tenant cause damage while drilling, that damage is at your expense.

4.2. Schilderen

As a tenant and landlord, check the VME’s (internal) regulations first.
As a tenant, you normally only have to repaint when you leave if you used hard-to-paint colors or caused damage.

4.3. Renovaties

As a tenant and landlord, check the VME’s (internal) regulations first.
As a tenant, you need written permission from the landlord to make renovations.
As a tenant, you are obliged to remove removable works when you leave. Unless otherwise agreed upon.
Are you going to renovate as a tenant? Then prepare a site plan for the works.
As a landlord, you own the performed (non-removable) alterations when the tenant leaves.
As a landlord, you will most likely have to pay useful and necessary non-disposable works (in part) to the tenant, as a court decision. For luxury works, this is not required.

4.4. Onderhoud en reparaties

As a tenant and landlord, check the VME’s (internal) regulations first.
Read all the maintenance and repair rules in the article: Are costs for the tenant or landlord: Who pays what?

5. Miscellaneous

5.1. Onderverhuren

As a tenant and landlord, check the VME’s (internal) regulations first.
As a tenant, you may sublet under certain conditions.
As a tenant, you may sublet without a contract in these cases:
- Subletting of office spaces.
- Subletting of garage boxes.
- Subletting a bedroom through platforms such as Airbnb.

5.2. Waarborgsom

As a tenant, paying a rent deposit is not mandatory unless the lease states it.
As a tenant, you can appeal to the rent guarantee loan of the Flemish Housing Fund.
Usually, the tenant deposits the rental deposit into an escrow account in his/her name or through MyMinfin.
As a landlord, you may charge a maximum of 3 months’ rent.
As a landlord, you may not deposit the security deposit into your own account.
As a landlord, you may withhold the rent deposit provided he/she notifies the tenant in writing with a calculation and provided he/she has a valid reason such as:
- damage to the rental property.
- the tenant has rent arrears.
- the tenant fails to fulfill its obligations under the lease.

5.3. Opzegtermijn

As a tenant and landlord, there are legal provisions for terminating a lease. Read all about it in the article Terminate lease according to legislation

Whew, those were all the rental property rules in a row! Feel free to click through to our article links in the article above for more detailed information by topic. Note: Local laws and rules(GAS regulations) in your area may differ from the rental property rules in this article. Contact an expert for legal advice in your area. Sources: Dewaele, Immovlan, Immoweb, Police, Testaankoop, Flanders, Zimmo

Would you like to cite this article as a source? Then use:

Stiasteny, L. (2024, Nov. 21). Rental property rules Flanders: what is allowed and what is not allowed? Apartment.com. Consulted on (date XX/XX/202X), from https://www.appartement.be/huurwoning-regels-volgens-wetgeving/

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