Have you found the apartment of your dreams? Or have you hooked up the perfect tenant for your property? Then drafting the sales contract is the next important step. The content of such a lease is partly laid down by law, another part is determined by the tenant himself. Below is a checklist of everything that needs to be included in the contract.
Lease: the rent
We should be clear: in most cases, the rent of the property is the most important thing. At least as important, then, that it be included correctly in the contract. The lease should clearly describe how much the tenant pays each month and how that payment is made. That amount includes not only the rent, but also any common expenses – think of hall cleaning – or incidental expenses. If indexations are possible, that will also be included in the lease.
The rental term
How long you will (re)rent a property is a second crucial factor in the lease. It should clearly define when the contract will take effect and whether it is short, long or normal term. Basically, you discuss together what term is ideal for both the tenant and the landlord, although a landlord may have a preferred contract.
The identity of all contracting parties
It is logical that you want to know who your tenant is or from whom you are renting. Thus, the name, first names, place of residence, place of birth and date of birth of both the tenant(s) and the landlord are mandatory personal data to be included in the lease.
Description of all spaces and portions of the building under lease
The contract should describe exactly what will be rented: the type of property, the address and the exact section. This is followed by a description of the rented property, listing all the rooms within the building that belong to the lease. From the living room to the balcony.
Lease: the rental guarantee
Anyone renting an apartment pays a rental deposit of two months’ rent that is contractually defined and deposited in an individualized account. When the rental period ends, the tenant gets this deposit back – provided that the rental apartment was left in perfect condition. If there are any defects, the cost of these will be deducted from the deposit.
Site Description
The place description accurately describes the condition of the various rooms of your home. Defects such as scratches, cracks or loose baseboards should be mentioned in the inventory. This way you avoid conflicts afterwards. An inventory of everything in the house before a tenant moves in is part of the inventory. Such an inventory can be drawn up either by the parties themselves or by an expert. In it, the landlord and tenant(s) come to an agreement together. Do you call in an expert? Then each party pays half the cost. On average, a site survey by an expert costs about 300 euros.
Lease in renovation works
It is possible to enter into a lease agreement if repairs or renovation works are still needed in the property at the beginning of the agreement. The landlord and the tenant(s) then come to an agreement about when those works will take place, who will pay for the costs and what exactly will be done. These agreements are included in the contract.
What if the contract is broken early?
You never know what life will bring. So it can always happen that the tenant or landlord breaks the contract early. As a tenant or landlord, whether you can terminate your lease early basically depends on the term stipulated in the contract. The consequences attached to that breach of contract can also be found in the lease.
Extras and attachments
There are lots of other things that can be included (as appendices) in the lease. Just think about when new potential tenants are allowed to visit the property, whether you can keep animals… In the appendices, you’ll find the articles from the lease code that are referenced in the lease. Satisfied with the contract? Time for the next steps!