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Can the tenant be charged for the accommodation?

Verified 04 May 2022 - Legal and Administrative Information Directorate (Prime Minister)

When the inventory cannot be made amicably or in an adversarial manner (the lessor or the tenant is not present), you must ask a judicial officer to rental report act, 1989. The bailiff's fees are then to be shared for half between the lessor and the tenant.

Entry Status

When the inventory is made through a professional (real estate agent...), part of the expenses must be paid by the tenant.

However, the share paid by the tenant may not exceed:

  • The share paid by the owner
  • and a maximum amount of €3 VAT per m² living area.

Example :

For a dwelling of 25 m² of living space, the maximum amount payable by the tenant should be €75 (obtained by: 25x €3).

  • If the location is charged €170, the tenant's share may be up to €75 and the share of the owner is €95 (obtained by €170 - €75).
  • If the location is charged €100, the tenant's share must be €50 (obtained by €100 divided by 2), as the share due by the tenant cannot be higher than that of the owner.

When one of the parties (tenant or owner) refuses to establish the state of the scene in a contradictory manner by not presenting himself, either party may appeal to a judicial officer.

Please note

the bailiff shall notify the parties by registered letter with acknowledgement of receipt and at least 7 days in advance of the day on which he will carry out the rental report.

The amounts requested by the bailiff vary according to the surface of the accommodation.

Cost of a rental report (inventory of the disputed premises made by the bailiff)

Housing surface

Tariff (VAT included)

Up to 50m²

Fee: €131.50

+ Convening letters: €17.88

+ Travel: €9.20

More than 50 m² and up to 150 m²

Fee: €153.20

+ Convening letters: €17.88

+ Travel: €9.20

More than 150 m²

Fee: €229.81

+ Convening letters: €17.88

+ Travel: €9.20

The total cost is shared for half between the landlord and the tenant.

Exit Location Report

The tenant does not have to pay for the establishment of the exit status (e.g.: check-out fees charged by the estate agency).

Any clause in the lease that imposes on the tenant the payment of the inventory is abusive. It must be considered unwritten.

When one of the parties (tenant or owner) refuses to establish the state of the scene in a contradictory manner by not presenting himself, either party may appeal to a judicial officer.

Please note

the bailiff shall notify the parties by registered letter with acknowledgement of receipt and at least 7 days in advance of the day on which he will carry out the rental report.

The amounts requested by the bailiff vary according to the surface of the accommodation.

Cost of a rental report (inventory of the disputed premises made by the bailiff)

Housing surface

Tariff (VAT included)

Up to 50m²

Fee: €131.50

+ Convening letters: €17.88

+ Travel: €9.20

More than 50 m² and up to 150 m²

Fee: €153.20

+ Convening letters: €17.88

+ Travel: €9.20

More than 150 m²

Fee: €229.81

+ Convening letters: €17.88

+ Travel: €9.20

The total cost is shared for half between the landlord and the tenant.

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