The Brussels Parliament recently adopted significant amendments to the Brussels Housing Code (CBL), which will come into force on November 1, 2024. These changes affect various aspects of residential leases, with important implications for both landlords and tenants. Below is an overview of the key modifications to be aware of starting now.
One of the main changes concerns the duration of short-term primary residence leases, defined as leases lasting three years or less. Starting on November 1, 2024, these leases can only be renewed once.
If, after this first renewal, the parties decide to extend the lease, it will automatically be converted into a nine-year lease, retroactive to the original start date of the initial lease.
Thus, if a landlord has a tenant with a short-term lease approaching its first renewal, it is crucial to give notice three months before the end of the renewal period to prevent the lease from being converted into a long-term lease.
If the tenant enters a second renewal, the lease will automatically be considered a nine-year lease under the CBL.
The new provisions also strengthen rent control for short-term leases. Any rent increase, other than indexation, remains prohibited between two short-term leases. From now on, every lease must indicate the rent charged to the previous tenant, under penalty of a fine that could reach up to 200 euros.
This rule means that if the landlord has failed to index the rent, the last non-indexed amount must be mentioned. This provision does not apply to nine-year leases.
In Brussels, the security deposit can now no longer exceed two months' rent (excluding charges). Additionally, the option to request an extra guarantee is eliminated. The security deposit can no longer be paid in cash to avoid disputes over proof of payment.
The landlord must return this deposit within two months following the tenant's departure unless there is an ongoing dispute.
If the property is an apartment, this deadline may be extended until the accounts from the building’s management (syndic) are received. In case of a delay in returning the deposit, a penalty of 10% of the monthly rent per month of delay will be applied.
The new ordinance also introduces provisions regarding the keeping of pets in rented properties. From now on, any clause that outright prohibits pets will be deemed unenforceable, unless there are reasonable grounds for such a prohibition.
However, keeping pets may be subject to conditions, such as the absence of nuisances or aggressive behavior, and the landlord may limit the number or types of animals allowed.
These amendments to the Brussels Housing Code aim to offer better protection for tenants while clarifying landlords' obligations. Landlords need to comply with these new rules, particularly concerning short-term lease management, rent control, and security deposits, to avoid penalties.
For more details, you can consult the ordinance dated April 4, 2024, which will be enforced from November 1, 2024.
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