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The original was posted on /r/belgium by /u/Ok-Yogurtcloset-9664 on 2023-08-17 16:37:10+00:00.
Hi everyone, I was recently given a rental contract in Flanders and I'm a little taken aback by how one-sided it feels in the owner's favour of course. It reads like I might be liable for anything that goes wrong with the apartment and all associated costs with maintaining the common areas and the building at large. because "minor repairs" is so broadly defined while the owner's responsibility for major repairs is not defined at all. i would even have to pay for the EPC. And heck, there's even 2 separate terms that state the refrigerator does not belong to the owner and any costs associated with it are not his/her responsibility.
Just to clarify, the common costs include water and gas heating of water and the apartment itself.
Would you mind reading through some of the terms below and tell me if they're standard/normal and i should just go ahead and sign it?
Settlement of costs and charges
All individualizable costs (electricity, TV, telephone, internet, etc.) are directly borne by the tenant. The tenant will take over all supply contracts at the beginning of the tenancy from the previous tenant, with free choice of suppliers. At the end of the tenancy, the tenant will transfer all supply contracts to the next tenant. The tenant will never have any contract or meter taken out without written agreement from the landlord. The monthly advance for costs and charges (cfr. article 5) serves for cold & hot water, central heating and all costs, expenses, provisions and taxes related to. the use, inspection, cleaning, maintenance and management of the leased property and the common parts such as not exhaustively listed, central heating, elevator (if present), garden, driveways, gutters, drains, garage space, water and electricity in the common parts and basements, septic tank, removal of garbage, fire protection, trustee, costs for certificates/attestations/inspections, recording/assistance/replacement/renting of meters, preparation of statements, etc., ... and shall be borne entirely by the tenant. If these works or services are performed by the landlord, they will be charged at a market price. These costs will be settled once a year by the landlord. Variable costs will be keyed by CALORIBEL based on an annual meter reading. All other costs will be settled and keyed by the landlord. At the annual settlement, any excess advance payment is refunded. In case of insufficient advance payment, the difference will be paid by the tenant to the landlord by direct debit within fifteen days of notification. If the monthly advance proves to be insufficient, the amount may be adjusted upon the landlord's first request by regular mail or email. If the tenant does not respond within 3 weeks after notification of the annual statement, the cost statement will be irrevocably accepted. The landlord can never be held responsible for water consumption, even as a result of a leak, whatever the cause. Property tax is the responsibility of the landlord. Any other current or future tax and or tax of any kind (including tax on second homes) is the responsibility of the tenant. The cost of the energy performance certificate is borne by the tenant in proportion to the duration of his occupation.
Maintenance and repair obligations.
The lessor is responsible for all major repair work. The tenant is responsible for all minor repairs, as well as ordinary maintenance, such as among others (not exhaustive): the maintenance of drains and sewers, including the unblocking of drains, the maintenance of all heating, electricity and gas installations, the maintenance of sanitary installations, maintenance of wall and floor coverings, as well as doors, windows, shutters, locks, etc., the annual sweeping of used chimneys, and the maintenance of the garden. The tenant is responsible for removing limescale from faucets, sink, tub, shower and tiles, and will not use caustic products. The tenant is responsible for regular use of radiator valves and venting. The tenant is also responsible for any damage and repair caused by his own fault or negligence or by his housemates or visitors. The tenant is obliged to notify the landlord of any repairs that are necessary and should be carried out by the landlord. If the tenant does not respect this duty of notification, the resulting damage will be his/her responsibility. The repair of the refrigerator is never the responsibility of the landlord whatever the cause. The repairs due to burglary, attempted burglary or vandalism to the rented property are the responsibility of the tenant. In case of burglary, the excess in the landlord's block policy is at the tenant's expense. Any damage, regardless of the cause, to the door or gate of the rented property is always at the tenant's expense. Any works at the tenant's expense performed by the landlord will be charged at a market rate.
Description of the premises on moving in and moving out
The tenant agrees to draw up a detailed description of the premises with photographs, according to the model made available to him by the lessor, to sign it and to deliver the original to the lessor within one week. If the tenant fails to draw up a comprehensive inventory of the premises and deliver it to the landlord, everything in the leased property shall be considered to be in perfect condition and the tenant shall accept this statement as an entry description.
At the expiration of this lease, the tenant must place the property at the disposal of the landlord in the condition in which he received it according to the place description at the time of occupancy. If the apartment shows damage not mentioned in the description, the tenant must compensate for such damage, except for damage caused by normal rental wear and tear or age. The tenant is responsible for removing, among other things, smudges, dirt, grease spots, drawings, nails, staples and screws on walls, ceilings and doors, repairing, among other things, pits, holes, and damage due to insufficient ventilation as well as any possible color difference following the damage he has caused. Repairs by the tenant must always be carried out professionally. If the tenant carries out repairs improperly, the resulting damage will be his/her responsibility. The tenant agrees to replace the silicone between the bathtub, shower, sink, tiles and wall when required or in case of mold. In addition, the property will be vacated, thoroughly cleaned and left in good condition. All keys will be handed over. The landlord reserves the right to have the apartment cleaned at the tenant's expense (charged at a minimum of 150 Euros). All goods left behind will be removed at the tenant's expense. When moving out, the tenant will provide all light points with at least one lamp and will not shorten the waiting wires. Also the refrigerator (if present), cooker hood, and oven will be refitted with a working lamp. The tenant will replace the filter of the cooker hood.
Visits
The lessor or his representative may at any time enter the rented property or cause it to be entered with a view to necessary or unforeseen works relating to the building or the private parts, without the tenant being permitted to oppose this, on pain of liability for any damage that may arise from his defence. If the lock of the apartment/basement/garage/letterbox is changed by the tenant, he will immediately provide the landlord with a key. During the notice period or in the event of alienation, the landlord or his representative together with prospective tenants or buyers will be allowed to enter the rented property all weekdays from 9 a.m. to 8 p.m. and Saturdays from 10 a.m. to 5 p.m.
