What costs and charges can a landlord charge?
- If your contract was entered into before 1 January 2019: The Residential Tenancy Act leaves the parties free to determine in their lease which costs and charges are for the tenant. If nothing is stipulated in this regard, then the general principle applies. This states that costs and charges associated with the ownership or management of a property are borne by the landlord. In turn, costs and charges related to the use of the property are borne by the tenant. eeso, carefully check your contract to see if it does not mention any specific arrangement. In any case, property tax may never be passed on to the tenant.
- If your contract was entered into after 1 January 2019: The Housing Rent Decree stipulates which costs and charges can be passed on to the tenant. Energy consumption can be passed on to the tenant, as can minor repairs. Costs of the trustee can be passed on at 34% insofar as they are present and insofar as they also perform tasks related to the daily use of the building. Costs for a caretaker can be charged at 75% to the tenant if present in the apartment building and to the extent that he actually performs mainly caretaker tasks for the benefit of tenants and occupants. For the lift, only periodic maintenance may be charged for up to 50%. Costs due to improper use will be borne by the tenant.
The Flemish government made an indicative list of which costs and charges are to be borne by the landlord or tenant. For matters not listed here, the general principle applies. This states that costs and charges related to the ownership or management of a property are to be borne by the landlord. In turn, costs and charges associated with the use of the property are borne by the tenant.
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