The lease contract
First of all, what is a lease contract? It is a written document concluded between two parties, the tenant and the owner, respectively called lessee and lessor .
The lease contract sets out the obligations to be followed by both parties . The landlord makes a rented property available to the tenant. As a tenant, you undertake to occupy the property with care and to pay your rent on the agreed dates. In addition, you must use the property as provided for in the contract (for example: live there if it is a main residence lease and not set up a store there). Please note that your lease may provide for other obligations that you will have to respect once the contract has been signed, unless they are deemed abusive.
The state of play
Your lease contract must be accompanied by the inventory. It is a clear and detailed description of the condition of the property you are renting . It is mandatory at the time of entry. It is the latter that will identify the damage that you may or may not have caused to the property during the rental. During the inventory of fixtures, do not hesitate to ask the owner or the expert carrying it out to note all the elements/defects that you could notice in order to avoid that you are reproached during the exit inventory (hole in a wall, stain on the floor, etc.).
What lease contract?
There are several types of leases, for residence, business, kot, … we will only see here the most interesting for you as a young person.
- The student lease:
To conclude this type of lease, you will need to provide proof of your registration with an educational establishment. The duration of the student lease cannot exceed 12 months. At the end of the contract, if you do not tell your landlord that you want to leave your accommodation and if he does not object, your lease will be renewed under the same conditions. This type of lease provides specific rules for breaking the contract or subletting the accommodation in the event of unforeseen events (internship, reorientation, etc.). Know that if you wish to take up residence in your kot, the rules of the main residence lease will apply, except with regard to the duration, the terms of termination and the subletting of the lease. In addition, residing there can have an impact on your family allowances, taxes, etc. So remember to find out beforehand at an Infor Youth centre.
- The colocation lease:
A single lease is signed between you, your roommates and your landlord. For this type of contract, an additional document, called a colocation agreement, must be signed by the different tenants. The latter sets the rights and obligations of each co-tenant and includes in particular:
- The rent to be paid by each roommate;
- load distribution;
- The list of goods (furniture, dishes, etc.) owned by the various joint tenants;
- The main residence lease:
This is the type of lease contract used when the rented accommodation is your main residence, you mainly live there and are domiciled there.
What should my lease contract contain?
If your lease was concluded after September 1 , 2018, it must contain several things:
- The identity and contact details of the parties signing the contract;
- The start date of the lease and its duration;
- The type of lease;
- The list of parts forming part of the rental;
- The amount of rent;
- The amount and type of charges (common, lump sum, provisional*);
- The existence of individual or collective meters;
- PEB certificate.
How do I check that my lease has been registered?
Your landlord is required to register the lease within 2 months of signing the contract. To check that your lease has been registered, you can log in to MyMinfin . If it has not been registered, your landlord cannot index your rent and faces fines if he registers it later. to for more info .
*A fixed charge is an amount agreed between you and your lessor which corresponds to an overall assessment of your consumption. No statement of charges is made at the end of the year. Provisional charges are monthly advances followed by an annual statement based on what you have consumed. You may therefore be required to reimburse the excess consumed or, conversely, to retouch on the part of the owner what you have given in excess.