Legal Question in Landlord & Tenant Law in Belgium

Hi,

I moved to Kortrijk 2 weeks ago. Before I arrived here, I organised accommodation through the Vives Erasmus house. I agreed to a term of 6 months and I payed a deposit in December. When I arrived here, I was not happy with the accommodation and now I would like to move out. I never signed a contract, but the terms and conditions online state that by paying the deposit I am agreeing to pay for the full 6 months. Are these terms binding?

I heard that in Belgium there is always a chance for you to pay 3 months rent to be able to break your contract/agreement. Can I use this to get out of my agreement?

Thank you


Asked on 1/21/17, 4:29 am

1 Answer from Attorneys
Arent Lievens Advocates Lievens & Lievens

Hello,

As you rented temporary accommodation (and not your permanent domicile), you contract is not protected by the Domicile Rent Law: it is in this law that there are provisions for the right of a 3 months notice and/or penalty (simply put, but much more complex).

You have to check your the Gerneral Terms of your specific agreement. The one I found for Kortrijk, is for a fixed term (and fixed sum). So probably you have little legal ground to stand on, except if the promised room and facilities are not up to standard (or not as promised).

Your first course of action would be to negotiate with the landlord and/or file a complaint to the landlord/university.

Pragmatically, as you are not a Belgian Resident, and you moved out (to eg. a private landlord), it would be very difficult for your current landlord to collect the rent/costs.

I hope this helps.

If you have any more questions, you can mail me on [email protected].

grtz

Arent Lievens

Advocaat

Oostende

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Answered on 1/21/17, 10:58 am


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