{"id":2810,"date":"2021-03-31T09:59:56","date_gmt":"2021-03-31T07:59:56","guid":{"rendered":"https:\/\/garantie.be\/rental-charges\/"},"modified":"2026-09-24T18:48:48","modified_gmt":"2026-09-24T16:48:48","slug":"rental-lease-costs-belgium","status":"publish","type":"page","link":"https:\/\/garantie.be\/en\/rental-lease-costs-belgium\/","title":{"rendered":"Rental charges in Belgium | Explanations"},"content":{"rendered":"\n\n
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Complete Guide<\/p>\n

Rental expensesin Belgium<\/span><\/h1>\n

Water, heat, common areas, annual billing\u2014rental charges are defined in the rental lease<\/a>. This guide explains what the charges cover, who pays for what, and how to avoid disputes. <\/p>\n

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Definition<\/p>\n

What are rental charges?<\/h2>\n

Rental expenses refer to the costs associated with renting a residence that the tenant must pay in addition to rent. They are specified in the rental lease<\/a> and vary depending on the type of residence and the terms agreed upon by the parties. <\/p>\n\n

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Operating Expenses<\/div>\n
Water, heat, gas, electricity, elevator, and maintenance of common areas.<\/div>\n <\/div>\n
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Common Area Expenses<\/div>\n
The tenant’s own utility usage and common expenses related to the condominium.<\/div>\n <\/div>\n
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Taxes and Fees<\/div>\n
Household trash, chimney sweeping, and maintenance of common areas are the tenant’s responsibility.<\/div>\n <\/div>\n <\/div>\n\n \n
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Flat-Rate Fees<\/div>\n
A fixed monthly or annual amount, regardless of actual expenses. The landlord cannot request additional payment if the flat rate is insufficient. <\/div>\n <\/div>\n
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Provision Expenses<\/div>\n
A provisional monthly amount, adjusted annually based on actual expenses. The landlord must provide a detailed statement of account. <\/div>\n <\/div>\n <\/div>\n <\/div>\n<\/div>\n\n\n
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Breakdown<\/p>\n

Who Pays for What? Tenant vs. Landlord <\/h2>\n

The rental lease<\/a> must specify the list of charges to be paid by the tenant and how they are allocated. In Brussels, effective November 1, 2024, the charges to be paid by the tenant must be listed exhaustively in the Brussels rental lease<\/a>. <\/p>\n\n

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Nature of the Expenditure<\/div>\n
Tenant<\/div>\n
Landlord<\/div>\n <\/div>\n
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Utility Bills (water, gas, electricity)<\/div>\n
\u2705 Yes<\/div>\n
\u2013<\/div>\n <\/div>\n
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Routine Maintenance \/ Minor Repairs<\/div>\n
\u2705 Yes<\/div>\n
\u2013<\/div>\n <\/div>\n
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Maintenance of Common Areas \/ Green Spaces<\/div>\n
\u2705 If specified in the lease<\/div>\n
Partial<\/div>\n <\/div>\n
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Major renovations \/ structural work \/ deterioration<\/div>\n
\u2013<\/div>\n
\u2705 Yes<\/div>\n <\/div>\n
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Property Tax Withholding<\/div>\n
\u274c Prohibited<\/div>\n
\u2705 Yes<\/div>\n <\/div>\n
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Real Estate Agency Fees<\/div>\n
\u274c Often prohibited<\/div>\n
\u2705 Yes<\/div>\n <\/div>\n <\/div>\n <\/div>\n<\/div>\n\n\n
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Frequently asked questions<\/p>\n

Settlement, Adjustment, and Guarantee<\/h2>\n
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How often should the utility bill be calculated?<\/div>\n
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The law does not specify a mandatory frequency, but most leases provide for an annual<\/strong> statement of account. If the tenant pays monthly advance payments, an adjustment is made at the end of the year to align the amounts with actual expenses. The landlord must provide a detailed statement accompanied by supporting documents (invoices, meter readings). <\/p>\n <\/div>\n <\/div>\n\n

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Can you get a refund for an overcharged service fee?<\/div>\n
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Yes. Article 1728ter of the Civil Code provides that the landlord must refund any excess advance payments received upon simple written request from the tenant. The adjustment works both ways\u2014whether the tenant or the landlord has overpaid or been overpaid. <\/p>\n

Make sure your lease includes the following clause: \u201cUpon receipt of the statement of expenses, the landlord or tenant shall immediately pay the other party the difference between the advance payments and the actual expenses.\u201d<\/em><\/p>\n

\u26a0\ufe0f Provisions for expenses may be adjusted within 5 years<\/strong> of the last payment of such provisions.<\/p>\n <\/div>\n <\/div>\n\n

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Can the landlord increase the allowance for maintenance and utilities during the lease term?<\/div>\n
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Yes, if the lease provides for it. The amount may be adjusted based on the actual expenses from the previous year. To avoid a large year-end balance due, the landlord may propose a gradual monthly adjustment. <\/p>\n

However, if the charges are a flat rate<\/strong>, the landlord cannot demand additional payment during the term of the lease, even if his actual expenses are higher\u2014unless there is a specific provision in the lease or a court order.<\/p>\n <\/div>\n <\/div>\n\n

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Can the landlord deduct unpaid rent from the rental guarantee?<\/div>\n
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Yes, according to the terms of the rental lease. The rental guarantee<\/a> generally covers all amounts owed due to a breach of the rental lease: unpaid rent, damage to the property, as well as unpaid service charges or unpaid adjusting payments<\/strong>, up to the amount of the guarantee. <\/p>\n

That is why it is important to carefully read the security deposit clause in your rental lease<\/a>: if it refers to \u201call of the tenant\u2019s obligations,\u201d the security deposit may be used to cover unpaid service charges. If it limits the rental guarantee to \u201crental damage,\u201d it cannot cover unpaid service charges. <\/p>\n <\/div>\n <\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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Practical advice<\/p>\n

What to Check Before Signing<\/h2>\n
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For the tenant<\/div>\n