What does this regulate?
01 · UNDERSTAND
A lease contract regulates the use of a property in return for payment. First we determine which rental regime applies: a main residence, student housing, commercial or other use might have different rules.
For a residence in Flanders we consider among other things duration, price, charges, deposit and inventory report. The document must fit the property, the parties and the intended use. A model for a different type of lease may miss important implications.
A RECOGNISABLE SITUATION
You rent out an apartment to someone who also wants to carry out an activity there. We discuss the actual use and the consequences before using a standard residential lease contract.
What requires attention?
02 · CHOOSE CONSCIOUSLY
Mandatory rules apply to Flemish rental housing. A long-term lease or lifetime lease requires notarial intervention. Registration and condition reports are separate matters that cannot be resolved by signature alone.
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.
Where is the property located and what will it be used for?
Provide the address and the intended use: residential, shop, office or something else. Indicate mixed use. This is necessary to determine the applicable rules.
Will it be the tenant's main residence?
Ask and record the purpose for which the tenant will actually use the dwelling. Align the agreement with that situation and not only with a chosen designation.
What duration and start date do the parties envisage?
Note the desired start, duration and any flexibility. Then assess which rental form and termination options correspond with these.
Which costs are included and which are settled separately?
Make a list of rent, communal charges and individual consumption. Indicate which costs are fixed and which are settled based on evidence.
Who organises the condition report, deposit and registration?
Record who follows up each step and when. Also collect certificates and information on the state of the property so the preparation can be complete.
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.
Ownership details and precise description of the property
To determine rental authority and rented parts.
Identity details of tenant and landlord
To correctly refer to the parties.
EPC and available information about dwelling quality
To investigate the required information and points of attention.
Agreements on duration, price, charges and use
To establish the correct regime and content.
Existing contract upon modification
To assess transitional rules and ongoing agreements.
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 determine the applicable rental regime, draft the agreement and explain the further steps. We explicitly agree on who is responsible for the condition report and registration and which documents are still needed.
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.