Legal Question in Landlord & Tenant Law in Belgium

Hi,

ould need some legal advice.

I am in a very desperate situation and would need some legal advice.

I am moving out of my old flat in Brussels(Belgium). My contract says that there would be a third party inventory check on entry and exit, the cost of which would be shared between the landlord and the tenant. However, when I moved in the third party check was NOT done in my presence nor did I receive any reports of the same(I DID NOT sign the entry report). But now when I am vacating the apartment my landlord brought the third party again without my consent and has asked me to pay 50% of the third party's fee. Moreover, the estimated damages cost is 683 euros. We have not made any major damages. Almost all of them are wear and tear like carpets not cleaned enough, tap too tight to be opened(which was like that from day one). The kitchen counter top has expanded at the edge as the water seeped in and was charged 300 euros.

He made us sign on the report of the third party" etat des lieux", which includes the damages cost 683 euros + 50% of third party fee 266 euros. Please advice whether we should be paying this amount, as I strongly feel that he is trying to exploit our ignorance.

1. If we don't pay this amount can he take any legal action against us, as he is threatening to do so?

2.If I don't pay the landlord the amount in the etat des lieux and he sends some kind of legal document, can I pay him then and settle it WITHOUT going to court and WITHOUT having to pay extra.

Please advice.

Thanks and Regards,

Avande


Asked on 2/13/14, 1:38 am

1 Answer from Attorneys
Arent Lievens Advocates Lievens & Lievens

Hello,

I read you signed the "exit etat". By signing this you greatly lost your rights to the general rule which puts all damages (when not "entry etat" as responsibility of the landlord). By signing you also accepted the responsibility of the damages.

Usually you were obliged to place a guarantee at the start of the contract. The (supposed) damages are deducted from the guarantee. But for this they need your signature.

Is there a guarantee , of how much ?

1. he can take you to court, even if it is a low amount

2. It is possible to negotiate with him on another figure

With a little more info, I can maybe advise you better/more.

Kind regards,

Arent Lievens

[email protected]

+3259708787

Read more
Answered on 2/13/14, 2:21 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Belgium