USAG BENELUX Pam 27-3 1 May 2015
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USAG BENELUX Pam 27-3
(2) Lease Assistance. In most cases, the USAG BENELUX Housing Office
(Housing Office) (Bldg 209, 366-6387) will assist you with your lease. In negotiating
leases, be especially careful about the duration language of the lease. When entering
long-term leases, remember that events may occur which make continued residency
impossible (e.g., reassignment or death). When such events occur, you or your family
may be forced to break the lease and pay damages to the landlord. Conversely, in the
case of year-to-year leases, there is the danger that your landlord will not extend the
lease on the existing terms.
(3) Security Deposits. Most landlords will require from one to three months
rent as a deposit to cover possible damage to the premises during occupancy under the
lease. This deposit cannot be used as rent, so do not plan on paying the deposit and
using it for your last month’s rent. Under Belgian laws governing leaseholds, the tenant
must put a deposit in a bank account in which neither the landlord nor tenant have
access (a so-called blocked account). The tenant is entitled to any interest on the
account. Once blocked, the only way the tenant can draw upon or close the account is
with the signature of the landlord. An alternative to the blocked account is to have a
bank issue a letter guaranteeing against damages, meaning that in the event of damage
to the premises for which the tenant can be held liable, the bank pays the landlord (up
to a specified amount). To be released from such a guarantee, the tenant must furnish
the bank with a release from the landlord. Not every bank offers this service.
(4) Rent Indexing. The Belgian government controls rent indexing. Under no
circumstances should you, the tenant, accept a clause without understanding how and
when rent can be raised and whether the increase complies with governmental controls.
Contact the Housing Office for specific information on indexing.
(5) Inspection of the Premises. In the first month of the lease, a landlord may
conduct an inspection of the contents and condition of the premises. It is this
inspection, when matched against the condition of premises and its contents when the
lease is terminated, which supports or refutes claims for damages. Tenants should
therefore conduct the inspection very carefully. Note such things as cracked tiles,
windows, tubs, walls, stained surfaces, scratched floors, and chipped furniture. Rules
regarding inspections and the condition of the premises differ in Brussels and other
areas that are not near Mons, so consult with the Legal Assistance Office if you have
specific questions or concerns. Under Belgian law, there is a presumption that, in the
absence of an inspection, buildings under lease were received by tenants in the same
condition as when the tenants vacated them. If the landlord presents adequate
evidence to the contrary, the presumption fails. In most cases, a representative of the
Housing Office will conduct the inspection in privately-owned quarters.
(6) Sweeping Chimneys and Maintaining Central Heating. Most leases
require the tenant to sweep the chimneys annually. Even if the lease is silent on this
point, it is still a good practice to have the chimney swept annually. Chimneys used
solely as exhaust for central heating units can become a fire hazard when dirty. Keep a