The Lease Contract serves as the primary legal instrument for documenting rental arrangements in Belgium, whether for residential or commercial purposes. It must comply with federal Belgian legislation, particularly the Civil Code, as well as specific regional regulations that have governed residential leases since 2018. This document is essential when any party wishes to rent out or lease property in Belgium, requiring careful attention to mandatory provisions, registration requirements, and regional variations in housing law. The contract typically includes detailed terms about the property, rental payments, duration, maintenance responsibilities, and various regulatory requirements such as energy performance certificates. It must be registered with the Belgian authorities within two months of signing, and certain provisions must be included to ensure enforceability under Belgian law.
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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 lease agreement and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the leased property, including address and cadastral details
5. Term and Commencement: Duration of the lease and start date, specifying whether it's a short-term or long-term lease under Belgian law
6. Rent and Payment Terms: Rental amount, payment schedule, indexation provisions, and payment methods
7. Charges and Utilities: Distribution of costs for utilities, common charges, and other expenses
8. Security Deposit: Amount, form, and conditions of the security deposit as per Belgian law
9. Use of Property: Permitted use of the property and any restrictions
10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance and repairs
11. Insurance: Required insurance coverage for both parties
12. Termination: Conditions and procedures for early termination by either party
13. Registration: Obligations regarding official registration of the lease
14. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Subletting and Assignment: Include when subletting or assignment might be permitted under specific conditions
2. Pets: Include when specific rules about keeping pets need to be addressed
3. Renovation Works: Include when allowing or restricting renovation or modification rights
4. Professional Use: Include when the property may be used for professional purposes
5. Green Lease Provisions: Include when incorporating environmental sustainability requirements
6. Co-tenancy: Include when multiple tenants will occupy the property
7. Parking: Include when parking spaces are part of the lease
8. Garden Maintenance: Include when the property includes outdoor spaces requiring maintenance
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 EPC certificate showing energy efficiency rating
3. Schedule 3 - House Rules: Building or complex regulations if applicable
4. Schedule 4 - Maintenance Schedule: Detailed breakdown of maintenance responsibilities
5. Schedule 5 - Fire Safety Certificate: Mandatory fire safety documentation
6. Schedule 6 - Plans and Photos: Property plans and photographic documentation
7. Schedule 7 - Utility Meters: Initial meter readings for utilities
8. Appendix A - Registration Documents: Documents required for official registration of the lease
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