Rights & Duties of the Tenant

Whenever a tenant signs a rental contract, they have certain rights:

• The most important right of a tenant is their right to housing; this law protects all individual tenants against any form of discrimination. Additionally, the tenant has the right to housing which is in good condition, and which is equipped exactly described in the rental contract. If an appliance or piece of furniture should break, through no fault of the tenant, the landlord must replace or repair the item in question.
  
  
• The tenant also has a right to an 'untroubled' rental term, that is, the landlord cannot enter as and when they please, and the landlord must ensure that rules imposed (such as noise restrictions) are followed by any other tenants living in their property.
  
  
• The tenant can make alterations to the rental property, as long as these can be undone when the tenant leaves.
  
  
• The tenant can terminate the rental contract if they give three months' notice. If you are transferred by your employer or lose your job, you need only give one month's notice.
  
  
• The tenant has the right to receive a bill detailing the calculation of the rental costs, at no extra cost.
  
  
• If the landlord does not carry out their duties, this is still not a reason for a tenant to reduce the rent they pay. Only when the dwelling has been classified by the authorities as being hazardous to health or dangerous, can the tenant reduce the rent or refuse to pay it at all.
  
  
• If the landlord fails to maintain or repair the property, the tenant is strongly advised against improving the property on their own, because the landlord can refuse to pay any compensation for the tenant's expenses.

Similarly however, the tenant has certain duties:

• The tenant must pay the rent, including the service charges, on time.
  
  
• The tenant must insure the property: especially against water damages, fire and theft. The landlord has the right to ask for a proof of this insurance every year and he may include a clause in the contract allowing him to terminate the renting contract if the tenant does not insure the dwelling.
  
  
• Just as you have the right to 'untroubled' living, you are obliged to behave in a considerate way and to use the property only for its intended purpose. You are responsible for any damages or depreciations that occur during your tenancy, unless these are caused by an act of god, the landlord, or a third party who you did not invite into the property.
  
  
• The tenant must carry out decorative repairs. If the landlord needs to make repairs and/or carry out maintenance on the property, the tenant must accept the disruption as long as it does not last more than forty days. If the disruption lasts longer than forty days, the rent must be reduced. If the repairs make the housing uninhabitable, the contract can be cancelled.
  
  
• Without the written consent of the landlord, the tenant must not undertake any substantial changes to the property or contents; the landlord can refuse to compensate the tenant's expenses. If the changes endanger the property or its security, the landlord can ask for the changes to be undone.
  
  
• The dwelling cannot be sublet without the consent of the landlord.

Pets

According to Article 10 of the law of 9th July 1970, 'familiar' pets are allowed in a rental property: they cannot be prevented by a contract clause. Only 'dangerous' or 'new' animals can be banned by a clause. Dangerous animals include these dogs: Staffordshire Terrier, American Staffordshire Terrier, Pitbulls, Mastiff, Boerbulls, Tosas, and all others that can be attributed to these races. New pets include spiders, snakes and so on.

The tenant is responsible for any damages caused by their pet.