Ten Key Facts About the New Rental Rules in Brussels in 2024

On November 1, 2024, the Brussels Parliament approved significant changes to the rental regulations, introducing important updates to the Brussels Housing Code. These changes affect both tenants and landlords and aim to provide better protection for tenants while clarifying landlords' responsibilities. Here are ten important facts you should know about the new rental rules in Brussels.

1. Rent Deposit Cap

One of the most notable changes is the new cap on rent deposits. From now on, landlords can only ask for a deposit equivalent to a maximum of two months' rent (excluding utilities). The deposit must be returned to the tenant within two months after they move out. If the landlord fails to do so, they must pay an additional 10% of the monthly rent for every month of delay. Furthermore, the deposit must be transferred to a bank account; cash payments are no longer allowed, with an exception for people in precarious situations who may still be able to deposit money into a special account.

2. Transparency in Rent Prices

Landlords offering short-term leases (three years) must disclose the rent amount paid by the previous tenant to the new tenant. They cannot raise the rent unless they offer a leasehold. Rent increases are only allowed through indexing, and short-term leases can only be extended once. However, student leases are exempt from these rules.

3. Rent Increases After Renovations

The new regulation aims to regulate rent increases following energy-efficient renovations. If a landlord wants to carry out work that affects the rent, they must provide the tenant with detailed information, such as a building permit, cost estimate, and description of the planned works. If the landlord fails to do so within two months, the tenant can request to invalidate the notice of termination.

4. Pets Allowed in Rental Properties

A significant change is that landlords can no longer refuse tenants based solely on the presence of pets. However, landlords can reject tenants if the pet is considered dangerous, such as reptiles or spiders. This ensures tenants’ rights to have pets, but reasonable conditions can still apply.

5. Errors in Cost Registration Can Be Claimed

Tenants can claim errors in cost registration within two years of notifying the landlord. If the error benefits the landlord, they can only reclaim the amount within five years. If the error benefits the tenant, the amount can be reclaimed without a time limit, as long as the error persists.

6. Property Tax Reduction for Families

Owners of properties with two children are eligible for a property tax reduction, even if the property is rented. Tenants who meet this criterion can request their landlord to apply for the tax reduction and pass the benefit on to them, which in some cases could be equivalent to almost one month's rent.

7. Tenant Protection During Complaints

Tenants who file complaints with the Regional Housing Inspection (DIRL) will be protected during the process. If the landlord terminates the lease after the complaint is filed, the termination will be suspended until the DIRL's decision is made. If the property is found to be in compliance with regulations, the termination notice will be reinstated.

8. Mandatory Conformity Certificate for Landlords

Landlords who are instructed by the DIRL to make repairs or improvements to their property must obtain a conformity certificate before they can rent the property again. This ensures that landlords maintain their properties in proper condition, benefiting the tenants.

9. Stricter Penalties for Illegal Evictions

Illegal evictions, which account for a third of all evictions, are now subject to stricter penalties. Landlords who evict tenants without a legal eviction order could be required to pay up to 18 months' rent as compensation. Additionally, landlords can face daily fines until the tenant is allowed back into the property.

10. Mandatory Insurance for Tenants

Finally, tenants in Brussels will now be required to have fire and water damage insurance when renting a property. This was not previously mandatory unless explicitly mentioned in the lease agreement.

Conclusion

The new rental rules in Brussels bring significant changes that benefit both tenants and landlords. With stricter regulations on rent deposits, clearer guidelines on rent price transparency, and protections for tenants regarding pets and illegal evictions, the aim is to create a fairer balance between tenants and landlords. Both tenants and landlords must stay informed about these changes to avoid legal complications and ensure smooth rental agreements.