Rental Properties in Wallonia: A Practical Guide to Repairs and Handling Move-In and Move-Out Inspections

Repairs and Maintenance: Who Pays for What During the Lease?

Under a residential lease in Wallonia, the allocation of maintenance and repair costs frequently raises questions between the parties. Walloon regulations establish a clear framework to preserve the contractual balance.

The Landlord’s Obligations

The landlord is required to provide housing that meets basic health and safety standards. Throughout the tenancy, the landlord is responsible for:

• Major repairs: work on the building’s structure, the roof, the boiler, or the water, gas, and electricity systems.
• Repairs due to wear and tear or force majeure: replacement of equipment that has become worn out over time or repairs resulting from a storm.
• Bringing the property up to code: work necessary to maintain the property’s habitability.

The tenant’s responsibilities

The tenant must use the property “in a reasonable manner.” The tenant is responsible for performing and paying for:

• Routine daily maintenance: cleaning accessible gutters, bleeding radiators, and replacing light bulbs and worn seals.
• Minor tenant repairs: filling holes left by fasteners in the walls, repairing broken doorknobs, or fixing damage caused by misuse.
• Annual maintenance of equipment: boiler inspection, chimney sweeping, and water heater maintenance.

The Tenant’s Duty to Notify

A key rule concerns the tenant’s duty to report issues. If a leak or major malfunction occurs, the tenant must notify the landlord immediately. An unjustified delay that exacerbates the damage may result in the tenant being held financially liable.

Move-in and Move-out Inspections: Mutual Protection

The move-in and move-out inspections serve as the standard reference for assessing the condition of the dwelling between the start and end of the tenancy.

The Move-In Inspection: Mandatory and Jointly Conducted

In the Walloon Region, conducting a detailed move-in inspection is legally required. It must be drawn up at shared expense, either while the premises are unoccupied or during the first month of occupancy. This document, drawn up jointly (in the presence of both parties or their representatives), must be attached to the lease agreement and submitted for mandatory registration.

In the absence of such a document, the tenant is presumed to have received the property in the condition it is in at the end of the lease. The landlord will then be responsible for providing proof of damage caused by the tenant, which can be particularly complex.

The Move-Out Inspection: Quantifying Actual Damage

At the end of the lease, the move-out inspection verifies that the property has been returned in good condition. Normal wear and tear resulting from the passage of time cannot be attributed to the tenant. Only obvious damage or proven lack of maintenance may result in a deduction from the rental security deposit. To assess the loss of value of outdated equipment, the Walloon Government provides a guideline table for determining obsolescence.

Administrative Formalities and Lease Registration

The landlord is legally required to register the lease agreement within two months of its signing. This formality establishes a definite date for the document and protects the tenant against arbitrary eviction in the event the property is resold.

Furthermore, the landlord cannot apply the annual rent indexation if the lease has not been duly registered. For the tenant, an unregistered lease allows for the termination of the contract without notice or compensation, subject to compliance with specific legal conditions.