The platform for Belgium's international community

Search form

menu menu

Renter problem

Question

Hello all,

I am new to this forum, thanks for reading this message and please help me out with your suggestions.

Actually I bought a flat inAnderlect and that flat was rented by the previous owner. I wanted to occupy the flat myself and hence sent a notice to renter for 6 months so that they can vaccate the apartment. I sent the letter on 28th May and called him to took that on 6th June. I was also personally meet him to tell the same. But he was rude and told about not to pay the rent etc.. Then the renter did not receive the letter, he got recepit for bpost and letters were in bpost for 14 days, he did not pick that. The notice registered letter came back to me as he did not took that from post office. Now I called him, whatsapp him - to reply. He even broke the window glass and sent me the photo of that. Till date he did not paid the rent of June and July.

Please suggest. Will syndic can help on that, or what could be procedure I should follow?

thanks,
Rajdeep

J

Lawyer up. You are unlikely to get good advice on Belgian law from expats.

Given that he's stopped paying rent already, you're going to have to discuss how best to get rid of the parasite with a lawyer.

Hope he's got a job and isn't insolvent.

Jul 6, 2020 11:37
R

there are plenty of bad tenants out there but usually landlords get front page. You just met one.

Your syndic will not help in private matters, they only run the building, not the occupants. Considering what you wrote I really recommend to subscribe to Landlord Union (google Syndicat National des Propriétaires et Copropriétaires SNPC-NEMS) they can provide legal help in this case.

Your case sounds already a complicate one. In theory you should send a "mise en demeure" by registered letter to your tenant asking to pay the missing rents and giving a clear deadline for that, failing to do that you will start a procedure with the Juge de Paix . These first steps you can do them yourslef but i guess from your name you might not be truly familiar with the legal aspects and the correct wordings, so join the Union and let them assist for these legal matters.
A private lawyer might cost you much much more.

If he broke a window he has to repair it and if he has insurance he should claim it out of them otherwise you can retain part of the guarantee which should have been transferred to you when you bought the flat (was it?). This in the ideal world, but expect even higher collateral damages.
Tenants sometimes have really no shame in how they treat private properties.

Jul 6, 2020 15:19
kasseistamper

If you bought a flat, you must have used a notaris/notaire. They should be you first place to ask for advice. They will not charge you any more for giving simple advice on your situation.

Jul 6, 2020 17:09
Borealis

Just a thought and if nothing else works after giving him ample time: Change the lock when he is not in. And then you discuss.

Jul 7, 2020 13:03
R

Not allowed if there is still a valid contract. And it looks like there is until November 30th if he sent a termination letter end of May (6 months notice). So the owner can change the locks but he has to give a working copy to the tenant.

Mise en Demeure then Juge de Paix NOW to evict him earlier since he is not paying rent. Better stay on the right side of the law.
A juge de paix can summon the two parts and if one doesn't show up he can rule in favor of the person who submit the claim forcing the absent part to vacate the property.

Jul 7, 2020 15:21
majumder.rajdeep

Dear all,

thanks for your comments. some additional points - he don't have the insurance, that's a pity also because it was written in the rental contract ( that I received from the earlier owner ) that he is oblighed to take an insurance.

Thanks for the suggestion of Landlord Union , I will try to connect and join them so that I can go to Justice of Peace to evict them earlier. Do you have any idea, are they supposed to give the rent for 2 months that they did not paid ( if he is not insolvent ). or, after eviction I have to lose it ? :(

I tried to contact the notary ( Notalex ) but it seems they would not help because the act is already signed. :(

I will keep you posted on the news.

Jul 8, 2020 01:34
R

I agree, once you sign the act and the Notary transfers you all the documents he cannot help any further.

Was there a two months guarantee mentioned in the rental contract? Who has this guarantee at the moment? was it deposited into a blocked account or paid in cash to the previous owner? in theory it should have been transferred to you and you can claim it for the unpaid rent (a Juge de Paix has also the authority to have it released by the bank if he rules in your favor).

But to be honest expect some losses with this renter and move on, in the longer terms you'll be happy with your investment.

Jul 8, 2020 10:38