TENANCY AGREEMENT – APARTMENT

AS THE TENANT’S MAIN PLACE OF RESIDENCE

Between the undersigned parties:

surname and first names:…………………………………………………………………………………………………………………………..
date and place of birth:……………………………………………………………………………………………………………………………..
with main residence of (street, no.):…………………………………… (post code, town/city) ………………………………..
telephone/mobile ……………………………………………… e-mail address: ……………………………………………………………
Henceforth referred to as the LANDLORD
AND
surname and first names:…………………………………………………………………………………………………………………………..
date and place of birth:……………………………………………………………………………………………………………………………..
with main residence of (street, no.):…………………………………… (post code, town/city) ………………………………..
telephone/mobile ……………………………………………… e-mail address: ……………………………………………………………
fsingle fmarried to ………………………………………… fin a legal partnership with………………………………………..
Henceforth referred to as the TENANT
agree to the following::
Art. 1. The landlord is letting an apartment (after paying rent and deposit):

E
Akenkaai 69,31A – 1000 Brussels (31st floor)
The tenant declares that this accommodation is his/her main place of residence and that he/she is registered at
the municipal register. If the tenant proves not registered at the address of the rented property, the landlord is
entitled to charge the tax on second homes to the tenant, as stipulated in the regulation.

PL
The property is rented for private use. Neither the tenant nor landlord may alter the purpose of the property
without express permission from the other party.

Art.2. The property comprises:

fcorridor fincome hall fliving room fkitchen fbathroom ftoilet fstore room fcellar (nr.65/-3) fparking
(nr.126/-3) fterrace f2 bedrooms fdressing fpublic places (cinema/rooftop/…)
The apartment is fully furnished.
The rented property is conform to the prevailing standards of the Housing Code.
AM
Art.3. DURATION
 The tenancy agreement is concluded for a period of f1 - f 2 - f 3 years starting from ... / ... / 20...
(day, month, year)
The tenancy agreement can only be extended once, only in writing and under the same conditions as long as
the total duration of tenancy is not longer than three years.
The tenancy agreement can be terminated subject to a period of notice of 3 months being served before the
expiry of the agreed duration.
If notice is not served or not served in time, then the original tenancy agreement is continued under the same
EX

conditions, but this is presumed from the beginning to be agreed for a period of 9 years. In this case, the rent
and the other conditions remain the same as those determined in the originally agreed short term tenancy
agreement without prejudice to the application of articles 4 and 5 (indexing/revision of rent and costs) from
the Housing Rent Act (of 20th February 1991)
 The tenancy is concluded for a period of 9 years starting from ..... / ..... / 20..... (day, month, year)
The tenant can at any time put an end to the agreement subject to a period of notice of 3 months. She does
not need to provide a reason for terminating the agreement. However, if the tenant ends the tenancy
agreement during the first three-year period, s/he must compensate the landlord. This compensation is equal
to 3 months, 2 months or 1 month rent depending on whether the agreement is ended during the first, second
or the third year. In cases governed by law (owner-occupation, extensive renovations, unspecified
termination), the landlord can end the agreement prematurely subject to following the prescribed procedures
and the legally determined compensation (article 3 from the Housing Rent Act of 20th February 1991)
After the nine-year period has ended, both parties can end this agreement without motive or without having to
pay compensation on the condition that a notice is served via registered post at least 6 months before the
expiry date. If this is not done, the present agreement will be extended under identical conditions for a
duration of 3 years. Either party can put an end to this extended agreement on the condition that a notice of 6
months is served before the new final date.
 II

Art. 4. RENTAL AND PAYMENT

The base rent amounts € …………. per month and for furniture …..€/month
This is subject to annual indexation on the anniversary of the date of commencement of the agreement,
according to the following formula:
Base rent x new index = new rent
Base index
The base rent may never comprise costs and expenses incurred by the tenant. The base index is the index of
the month preceding the month in which the agreement is signed. The new index is the index of the month
preceding the month of the anniversary when the tenancy agreement started.
The rent is payable before the 1st of the rental month that it applies to, to IBAN account number:
………………………………………………………………………………………………………………………………………………………………….

Art. 5. COSTS (utilities)

 The tenant pays costs relating to the use of fwater, finternet/TV, and felectricity, as well as the
meter rent, directly to the companies.
 The tenant pays a monthly advance to the landlord for the use of fwater,finternet/TV and

E
felectricity of 150€
An annual settlement of the costs will be made on the anniversary of the start of the tenancy
agreement, for which the tenant is shown the invoices concerned.
 The tenant pays a fixed monthly sum to the landlord to cover the costs of fwater, finternet/TV en
felectricity of 200€

PL
Art. 6. COSTS (SYNDIC – community / public costs)
 The tenant pays a monthly advance to the landlord for the public costs of 350€
An annual settlement of the costs will be made on the anniversary of the start of the tenancy
agreement, for which the tenant is shown the invoices concerned.
Included in the public costs:
fsecurity fconcierge/reception fhot water fheating (gas) privat / public fchildren playing room fcinema
AM
fgarden + service felevator finsurances fgarbage fothers

Art. 7. FIRE INSURANCE

The tenant agrees to take out fire insurance for the entire duration of the agreement against fire and related
risks, electrical and water damage, within which his/her liability and that of any subtenants is covered towards
the landlord and towards third parties.
On request of the landlord the tenant proves a valid undersigned insurance document.

Art. 8. All taxes in any manner or form that are levied on the rented property, with the exception of the tax on
EX

second homes, are the responsibility of the landlord.

Art. 9. DEPOSIT
 The rent deposit amounts to fone ftwo months base rent, which is € .............
This amount will be paid into an individualised and frozen rent deposit account. The interest will be paid to the
tenant.
 The rent deposit amounts to three months base rent, which is € .............................and will be arranged
through a bank guarantee.
The deposit will be released at the end of the tenancy agreement, subject to the written agreement of both
parties or through a judicial.
 III

Art. 10. DESCRIPTION OF ACCOMMODATION

Both parties are obliged to draw up a description of the accommodation, upon entering and leaving the rented
property, by mutual agreement. The description has to be cross-checked, detailed and dated and must also be
signed by both the tenant and the landlord. If one party prefers the description to be drawn up by an expert,
s/he has to be appointed by mutual agreement and both parties will bare half of all resulting costs. The
description upon entering the property has to be drawn up within one month of occupation. The description
upon leaving the property has to be drawn up not later than 7 days after the end of the tenancy agreement,
but before the new tenant takes up residence. If a final description of the accommodation is not made, the
tenant is deemed to have left the property in the same state when s/he received it, unless evidence proves
contrary. The same applies when no accommodation description upon entering has been drawn up.

Art.11. SUBLETTING AND TRANSFER OF TENANCY –

Transferring this tenancy agreement is prohibited unless prior written consent has been received from the
landlord. Full subletting is also prohibited. With the landlord's consent, the tenant may sublet part of property
on the condition that the remaining part is still his/her main place of residence.

E
Art.12. MAINTENANCE – REPAIRS - DAMAGE-
As governed by law, the tenant is responsible for maintenance, including having the used chimneys swept
every year (except for gas fires), maintaining gutters and drains, sanitary installations, doors, windows, roll-
down shutters and locks, replacing broken windows, protecting water pipes, meters and taps against frost.
Repairs resulting from normal wear and tear, age, force majeure and deficiencies in the rented accommodation
are the responsibility of the landlord.

PL
As governed by law, technical maintenance and repairs are the responsibility of the landlord.
The tenant will inform the landlord in writing as soon as possible about all damages, loss or fault that require
repairs to be carried out. The landlord agrees to carry out the repairs as quickly as possible.
If the landlord fails to reply to this message within ten working days, the tenant can have urgent repairs carried
out at the cost of the landlord.
AM
Art.13. SAFETY REGULATIONS – EPC –
The landlord declares that the house is equipped with smoke alarms, as prescribed by the Flemish government,
on each floor. In case the house is a shared student house, the communal kitchen of the house and each
student room are also equipped with similar smoke alarms.
The tenant is responsible for the maintenance and the replacement of the battery of the smoke alarm in his
house.
The tenant is acquainted with the Energy Performance Certificate.

Art.14. PEACEFUL ENJOYMENT

The landlord agrees to ensure the peaceful enjoyment of the accommodation. S/he is only able to gain access
EX

to the accommodation in the event of an force majeure or with the tenant's permission.
Animals are not permitted in or allowed to stay in the rented property without written agreement from the
landlord.
Both parties or third parties to whom access has been granted, must refrain from activities that may disturb
the peace of residents or neighbours.
The landlord has the right to put up a sign on the front of the property and show the accommodation at least
twice a week and for two consecutive hours each day during the last two months of the rental period in
consultation with the tenant.
Each year the landlord is allowed to perform a visit to observe the apartment is maintained well and is in a
good condition

Art.15. RULES - COMMON SHARE

The landlord tenant brings this agreement aware of the existence of internal rules and the registry with the
decisions of the general meeting of the co-owners (to comply as the obligations arising out of this agreement).
The register may be consulted at the headquarters of the association of co-owners. The amendments to the
Rules and the future decisions of the general meeting are binding for the tenant as soon as he receives
notification thereof by the building manager.
 IV

The obligation of the tenant to enjoy the leased property as a good family man, is also applicable to the
common parts of buildings or the building of which the leased property belongs.

Art.16. BREAKING THROUGH THE TENANT FAULT

Upon termination of this agreement due to the fault of the tenant, the latter shall bear all costs and expenses
arising from such termination and pay, in addition to a severance payment equal to three months' rent, the
cost of the reset state as well as the full fees of the expert (or experts) in charge (are) to create the topography
at the end of the lease, the rent and fees, within the constraints of professional practice, the real estate agent
who may command gets it right re-let, as far as the mission is successfully completed within three months of
the notification of the award.
The above-mentioned termination compensation is the same in which it is shown to six months rent in the
event that the tenant, moreover, has left the leased property without notice.

Art.17. FINAL CLAUSE - The tenant declares that (s)he has received the legal mandatory appendices.

E
Drawn up in................................................ on .................................................... in two originals, of which each
has been separately signed and of which both parties acknowledge that they have received one copy.

The landlord The tenant

PL
AM
EX

Appendix 1: koninklijk besluit van 8 juli 1997 tot vaststelling van de voorwaarden waaraan ten minste
voldaan moet zijn wil een onroerend goed dat wordt verhuurd als hoofdverblijfplaats in
overeenstemming zijn met de elementaire vereisten inzake veiligheid, gezondheid en
bewoonbaarheid.

Appendix 2: Bijlage bij het koninklijk besluit genomen in uitvoering van artikel 11 bis, van boek III, titel
VIII, hoofdstuk II, afdeling 2, van het burgerlijk wetboek – huurovereenkomsten voor woningen gelegen in het
Brussels Hoofdstedelijk Gewest.

Appendix 3: Description of accommodation.