What does this regulate?
01 · UNDERSTAND
In a sale or transfer situation, temporary use of a home may be necessary. We first examine the legal nature of that arrangement and whether an occupancy arrangement is truly appropriate.
The text covers the duration, compensation, charges, insurance, condition of the property and return of keys. The connection with the deed of sale and financing must also be clear.
A RECOGNISABLE SITUATION
A seller requests to stay a few weeks after the deed. We assess if this is possible and record the agreements about departure, costs and risks.
What requires attention?
02 · CHOOSE CONSCIOUSLY
The name of the document does not determine which rules apply. An agreement that is actually a lease may be subject to rental legislation. An occupancy arrangement may not be used to circumvent mandatory protection.
Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.
More points to consider for your own situation
03 · YOUR INTENTION
You do not need to be able to answer all this in advance. Your doubts are also a good starting point.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
Why is the use temporary and what is the expected end date?
Describe the concrete temporary reason and a realistic end date. Also indicate what must happen if the planned move or works are delayed.
Is there a sale or other main agreement?
Provide the sales agreement or other basic contract. Highlight passages about keys, use and departure, so the agreements align.
Who pays utilities, damages and insurance?
Note meter readings and take photos together of the condition. Specify who bears which costs and consult the insurer about necessary coverage.
What if the user does not leave on time?
Discuss beforehand how delays are reported and what consequences are appropriate. Have the arrangement reviewed before handing over keys or allowing use.
Can the intended use legally be considered as rent?
Indicate the actual use, compensation and duration. The title of the document alone does not determine which rules apply; have the concrete situation assessed.
What do we need, and why?
04 · PREPARATION
Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.
Identity and contact details
To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.
Sales agreement or other main agreement
To align the temporary arrangement accordingly.
Details of owners and users
To establish authority and obligations.
Planning, price agreements and condition of the property
To specify duration, costs and refund.
Insurance information
To discuss who must report or cover which risks.
Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.
What does NotaLegal do for you?
05 · GUIDANCE
We assess the legal qualification and draft the arrangement within the appropriate framework. We specify the agreements necessary to practically handle the end of use.
You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.
Know in advance what to expect.
06 · FEES
You want to know in advance what to expect. That is why we clearly and transparently discuss what work your file requires and what fee applies. We take into account the nature and complexity of your question, the documents to be examined and the time a careful handling requires.
We determine in advance which documents are necessary and explain any additional document costs. If a notarial deed is required, we first discuss the adjusted assignment and costs. When the law requires a notarial deed, a private agreement does not suffice.
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Substantive background: Vlaanderen.be · Concluding a lease agreement
General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.