Register rental contract because you are about to rent or let a property? Whether this is a house or apartment, in both cases you need to draw up and register a contract. Such a lease must be in line with the 2024 rental law. Thanks to our step-by-step plan, you won’t overlook anything!
Contents
- Draw up a lease
- Read and sign contract
- Register lease
- Plotting or inventory
1. Drawing up the lease
You cannot register a lease until you have drafted one. A lease is an important piece of evidence that serves as a handhold if a dispute arises with your (re)tenant. Should the dispute ever go to court, your lease will be critical to the outcome. Part of the lease is up to you, but otherwise it must be in line with Rent Law 2025.
1.1. Belangrijke elementen uit de Vlaamse huurwet
- The lease must be in writing for a property that serves as a primary residence (a house, apartment, but not for a student room or second residence).
- The rent of the property must be publicly posted by the landlord.
- It is mandatory to specify the rent and the rental term in the contract.
- The landlord must have the contract registered within 2 months of signing.
- A deposit is required only if the contract provides for it. The landlord may require a maximum of 3 months’ rent.
- It is mandatory to make, date and sign a detailed site description or inventory of the residence with the tenant.
- Since 2019, tenants and landlords are required to purchase fire insurance.
1.2. Verplichte inhoud van het huurcontract volgens de Vlaamse wetgeving
- The identity of the tenant and the landlord (including the national registration number).
- The start date of the contract.
- The parts of the building covered by the lease (don’t forget the common areas).
- The rent.
- The exact duration of the contract.
- Costs and charges.
- A reference to the brochure entitled“The Flemish Residential Tenancy Decree for Residential Tenancy Agreements concluded as of Jan. 1, 2019.”
1.3. Duur van de overeenkomst
There are 3 types of leases. A short-term lease (3 years or less), one of 9 years or longer, and a lifetime lease (for the life of the tenant). Note here that you can renew a short-term lease only once under the same terms. Under the condition that the two contracts together last no more than 3 years. The contracts do not have to be exactly the same duration. In addition, the landlord has no option to terminate the contract early. A lease for more than 9 years or a lifetime lease is concluded directly with the notary. A lifetime lease only ends, and automatically when the tenant dies. Ready to draft the lease? Use a model document from the Tenants’ Association as an example or draw up your own lease using this web application.
2. Review and sign the contract
As a tenant, it is hugely important to read the lease carefully before signing it. This way, you avoid discussions during the rental period or when you want to terminate the lease. Both the tenant and landlord should sign this written agreement and get an original copy. These copies should state how many originals were made and signed.
3. Registering the lease
Once the lease is signed, that’s it. You are going to register the lease, or who actually has to do that and when? The landlord is required to register the lease within two months of signing. That registration is completely free and can be done in two ways:
- Online via MyRent.
- At the local registry office Where your rental property is located.
3.1. Wat als de verhuurder het contract niet (tijdig) registreert?
- The landlord will be fined 25 euros (source: Smovin).
- If it is a primary residence with a contract with duration of more than 3 years: The tenant can terminate the contract without notice or compensation. The termination will then take effect on the first day of the month after the tenant gives notice.
- If it is a primary residence that is being sold: The new owner can evict the tenant from the house.
- If it is a property that is rented partly for housing and other purposes (such as store, office), the owner is taxed based on the total amount of net rental income.
4. Taking and recording site description or inventory
After registering the lease, the landlord and the landlord create a place description or inventory. A place description is a document in which you describe the condition of the various rooms of your property as accurately as possible. The tenant and landlord must prepare, date and sign this inventory together, at the latest during the first month of the rental period. The property description proves what condition the property is in before a tenant moves in. Are there any defects such as cracks, scratches or loose baseboards? Then mention this in the property description. That way you avoid discussions afterwards. It is crucial for the tenant and landlord to prove any rental damage at the end of the lease. Such a location description and inventory can be drawn up either by the parties themselves or by an expert (e.g. architect, surveyor-expert). In it, the tenant and landlord agree together. Each party pays half of the costs (the expert’s fees). On average, a site survey by an expert costs between 300 and 500 euros. Prices depend on the size of the property and vary from one surveyor to another.
In this article, you will find more information about what just needs to be in a place description and how to register it along with the lease.
Sources: Callemepower, Federal Public Service Finance, Flanders
Would you like to cite this article as a source? Then use:
N. (2024, Nov. 1). Register lease in 4 steps. Apartment.com. Consulted on (date XX/XX/202X), from https://www.appartement.be/huurcontract-registreren-in-4-stappen/
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