FAQ – What are my rights as a tenant ?

Am I allowed to paint the walls? Am I permitted to have a barbecue on my balcony? Am I able to sublet the property?
As a tenant, sometimes it’s hard to know what you are allowed and not allowed to do in your rented property.

We’ve designed this FAQ to answer the questions that regularly come up for tenants.

1. Do I have the right to drill holes in the wall ?

You are allowed to drill holes in the walls of the rented property provided that you fill them in again before your lease ends.

But merely filling them in again is not enough. You also need to sand and paint over the refilled holes so that they are no longer visible.

2. Am I able to sublet the property ?

Generally speaking, subletting is perfectly lawful. Before doing so, you need to obtain your landlord’s permission and state the terms and conditions of the sublet.

Note that the sublet must be for a limited period of time only. It is imperative for you to take your lease back over again in the near future.

3. Am I allowed to change the floor covering ?

If you don’t like the existing floor covering, you may change it as long as you obtain your landlord’s permission first.

We recommend opting for a vinyl floor covering or a laminate flooring. These materials are easy to remove and do not leave any marks.

At the end of your lease, you must restore the property to the same condition in which you found it when you moved in.

4. Am I permitted to have a barbecue on my balcony?

In theory, you are allowed to have a barbecue on your balcony. Electric, gas or coal-fired barbecues may be used.

However, you must not disturb or cause a nuisance to your neighbours. So make sure you keep the smoke under control and observe the quiet times (9.00pm until 7.00am) of day.

5. Am I allowed to smoke in my apartment ?

As things stand, there is no law preventing you from smoking in your rented property. You are allowed to smoke in outside spaces (e.g. on a balcony or in your private garden) and in your rented property.

However, you may be held liable for any nicotine-related damage (e.g. marks on the walls and ceilings).

Depending on the extent of the damage, your landlord may be entitled to claim the cost of any restoration work. And civil liability policies do not cover the cost of smoking-related damage.

6. As a tenant, may I ask for renovation work to be carried out?

As things stand, tenants do not have the right to require renovation work to be carried out. When you enter into a lease, you agree to take over the property in its existing condition.
You cannot therefore require your landlord to carry out renovation work if it’s still in a habitable condition.

Nonetheless, you are entitled to ask for your oven or refrigerator to be repaired if it is no longer working properly. The same applies if the wallpaper is peeling off the walls or the doorbell does not work.

7. Do I have to repaint everything ahead of the final inventory?

If the property’s walls are in good condition, you don’t need to repaint them.

But make sure that any stains on the walls are considered as normal wear and tear (e.g. marks left by pictures, small scratches). Otherwise, you will have to pay for the damage caused.  

8. Do I need to maintain the private and shared areas of my rental property ?

You are responsible for looking after the private areas. That means you have a duty to maintain all the private areas of the property you rent (e.g. the rooms in your home, terrace or balcony, door entrance, cellar).

Conversely, the shared areas (e.g. lift, waste area, car park) must be serviced by the owner.

9. What damage am I responsible for after I hand back the property ?

You will be responsible for covering the cost of any damage considered as excessive wear and tear (e.g. carpet stains, holes in the wall unless filled in, deep scratch marks on wash basins or flooring).

On the other hand, you will not be responsible for damage considered as normal wear and tear (e.g. holes in the wall if filled in, picture marks, normal wear to carpets).