The outgoing location description is executed:
- Upon termination of the lease by all tenants
- Upon termination of the last tenant mentioned on the original rental agreement.
- If there are no more tenants listed on the original lease, then no addendum to the lease can be drawn up. In that case, a new rental agreement will be drawn up, with a new inventory and rental deposit.
If the main tenant wishes to leave the property, the rental deposit must first be transferred to the new main tenant.
The new tenant then buys the old tenant's share of the rental deposit and pays it to him/her. The new tenant takes the place of the old one and also takes over all his responsibilities; This also includes repairing any rental damage that may have been caused.
For example: If there is visible damage in the bedroom and the old tenant does not proceed to repair, the new tenant can deduct this damage from the amount that he pays to the old tenant.
Procedure for leaving the premises:
The departing tenant must always inform the property manager of any departure. This allows the property manager to enter into a dialogue with the permanent residents as well as to carry out a possible check-up of the property so that any rental damage can be pointed out. In this way, the departing tenant has time to get his room in order as well as to carry out any repairs in the “common parts” such as the kitchen, living room, bathroom….
- The departing tenant can cancel by registered letter to the manager/landlord with a minimum notice period of 3 months
- The departing tenant must always propose a new tenant:
- If the proposed tenant is not accepted, the departing tenant owes up to 6 months' rent. Afterwards, the full rent is requested from the permanent residents.
- Upon acceptance of the new tenant, the departing tenant is released from his obligations after the end of the 3-month notice period.
Procedure for accepting a new tenant:
Each new resident must always be introduced to the manager. The manager will, in consultation with the landlord, either admit or refuse the new resident. The new resident can be refused on the basis of:
- The new tenant enters into a rental contract with a minimum duration of 12 months and is obliged to establish his main residence there Flemish occupancy standard:
- Flemish housing code determines a maximum number of tenants
- Insolvency: the new tenant must show proof that he is sufficiently solvent
- The current residents can refuse the new proposed tenant without a well-founded motivation
Upon acceptance of the new tenant, an addendum is drawn up and attached to the original rental agreement and registered.
It is also important that the insurance company is informed of the tenant change, so that the new tenant is also covered by the tenant insurance and the old one is deleted!
It is perfectly possible to rent a house or apartment with some friends.In that case one speaks of co-rent (the so-called “co-housing”).
General principles of co-rent:
- All residents must be listed as a tenant on the rental contract
- All residents who are in the rental contract are all jointly and severally and indivisibly liable for the monthly rent / charges
- There is always one tenant who is considered the main tenant – he/she will be responsible for communication between the co-residents and the manager of the property. The rental deposit will also be in the name of the main tenant.
The meter readings are recorded by the steward during the outgoing location descriptions and forwarded to the correct water and energy supplier. You may receive an invoice that you must pay and then receive a final statement. Ultimately, you will only be charged for the actual consumption and you may receive a refund or have to pay surplus.
Normally all repairs are at the expense of the lessor, except:
- minor repairs*;
- repairs necessary due to misuse or poor maintenance by the tenant;
- repairs that are necessary because the tenant has failed to comply with his notification obligation (unless he can demonstrate that the landlord was nevertheless aware of the necessary repairs).
The maintenance and cleaning of the house is always at the expense of the tenant
The Flemish Government has drawn up a list of minor repairs and maintenance work.
This list is not exhaustive: it does not therefore provide a complete overview of all possible cases.