Tenant damage or normal wear and tear: what can you charge?

What is normal wear and tear?

Normal wear and tear (in Belgian legal texts "vétusté" or "sleet") is the gradual depreciation caused by ordinary use and the passage of time, even with a careful tenant. Article 1755 of the (old) Belgian Civil Code expressly states that the tenant is not liable for what has perished through age or force majeure.

Typical examples of normal wear:

• Dulled or lightly scratched floors along walking routes
• Discolouration of paint, wallpaper or floors from sunlight
• Worn seals, hinges or taps
• Small usage marks on worktops and stair rails
• A dated but functioning kitchen or bathroom

What counts as tenant damage?

Tenant damage is any harm that goes beyond normal use and is not caused by age or force majeure. The tenant must return the property as received (art. 1730-1731 old Civil Code) and is liable for deterioration unless they prove it occurred without their fault (art. 1732).

Typical examples of tenant damage:

• Burn or scorch marks in floors or worktops
• Large holes or wall plugs that were not properly repaired
• Broken doors, windows or sanitary fittings
• Mould caused by insufficient ventilation or heating
• Scratches, odours or other damage caused by pets
• Unauthorised alterations (e.g. a wall painted a different colour without consent, where the lease requires restoration)

How do you prove the difference?

The only objective form of proof is the comparison between the move-in inspection report and the move-out inspection. Without a detailed move-in report, the tenant is presumed to have received the property in the state they leave it in (art. 1731 old Civil Code), and then there is practically nothing to charge.

That is why detail at move-in pays off: room by room, with photos of every wall, floor and appliance, meter readings included. The more precise the move-in report, the smaller the grey zone at move-out.

How is the compensation calculated?

Compensation for tenant damage is not a new-for-old payment. Judges apply a depreciation factor: the elapsed lifespan is deducted from the repair or replacement cost. An example: if a floor with a 20-year lifespan is already 10 years old, roughly half of the replacement value can be charged for irreparable damage.

In practice the settlement usually runs through the rental deposit: the parties agree on an amount (often based on quotes or an expert report), or the justice of the peace decides if disagreement persists.

How does a good inspection report prevent disputes?

Most move-out conflicts are not about the facts but about the lack of proof. An inspection report that documents every room in detail with photos turns the move-out comparison into a factual exercise instead of a back-and-forth. With ImmoHabits the AI automatically compares the move-out photos with the move-in state and lists the differences, including an optional repair-cost estimate as a starting point for the settlement.

Sources

• Art. 1730-1732 and 1755 (old) Belgian Civil Code (Dutch)
• Flemish Residential Lease Decree (Dutch)