Legal obligations for compensation for Belgian leases via location description

A digital location description provides decisive evidence in 93% of court cases. This guide makes the legal framework, exceptions and evidence crystal clear.

What you'll learn in this article

The legal framework for compensation and liability
Concrete criteria for normal wear versus accountable damage
Force majeure situations and their legal consequences
The evidential value of digital versus paper documents

The legal framework

Article 1730—1735 of the Dutch Civil Code and regional legislation

The basic principles of the Civil Code

Article 1730 of the Dutch Civil Code: Tenant must return the item as received, unless damaged due to age or force majeure
Article 1731 of the Dutch Civil Code: Without a description of the place, the tenant is deemed to have received the property in good condition
Articles 1732—1735 of the Dutch Civil Code: Arranging liability for fire, water damage and other cases

Regional disparities since 2019

Flanders: Damage after 9 years = normal wear and tear, unless negligence
Wallonia: Depreciation tables per element (e.g. parquet = 25 years)
Brussels: Guidelines + mandatory pre-trial mediation

Normal wear and tear

Concrete criteria and case law

Legal definition and interpretation

Time factor: After 5 years, slight scratches or discolorations are not recoverable
Use: More residents = more wear and tear (e.g. children)
Material selection: More expensive materials = higher expectations

Examples of normal wear

Floors: Walkway wear, minor scratches
Walls/ceilings: Yellowing, hairline cracks, nail holes
Sanitary: Limescale, discoloured silicone, light scratches

Examples of unacceptable damage

Negligence: Mold, burn marks, blockages
Intentional: Holes, graffiti, broken windows
Maintenance defects: Broken appliances, rust, moisture damage

Force majeure

When no one is liable

Legal definition

Unforeseeable
Inevitable
Beyond the control of parties

Examples of force majeure

Natural disasters: Floods, hail > 2 cm, storm > 100 km/h
Fire: Due to lightning or external cause
Crime: Burglary, vandalism (if reported in time)

The burden of proof lies with the tenant

Needed: Police report, expertise, time stamp, witnesses
Digital help: GPS, automatic timestamps, weather data, notification history

Digital evidence

The new standard

Legal recognition

Equivalent to paper since 2016, provided that:

Authenticity: eID, itsme or blockchain
Integrity: Changes traceable via audit trail
Accessibility: Available for at least 10 years, downloadable

Practical benefits in court cases

Faster procedures: 65% shorter sessions
Stronger evidence: 89% success rate with digital evidence
Lower costs: From an average of €1,850 to €750

Practical implementation

From theory to practice

Set up digital documentation

Technical setup: Camera ≥12MP, offline app, power bank
Workflow: First overview, then space by room
Signing: Directly digitally by the tenant

Claims handling with digital tools

Notification (within 24 hours):

Open digital location description
Request photos
Log communication

Assessment (within 48 hours):

Analysis: normal wear and tear?
Check depreciation tables
Document decision

Communication (within 72 hours):

Submit substantiation + case law
Allow comments via the platform
Log everything

Preventive measures

Periodic inspections: 2x/year with digital checklist
Tenant education: Video, reminders, notification system

Frequently asked questions about digital evidence

Do judges accept digital evidence?

Yes, legally recognized and often even preferred since 2016.

What if the tenant does not have a smartphone?

Paper is still allowed. However, you are allowed to archive digitally for yourself.

How long do digital photos remain legally valid?

As long as original metadata files remain available.

Can I use WhatsApp?

Yes, but a professional platform offers better preservation and overview.

What happens in case of a cyber attack or loss of data?

Use tools with daily backups, distributed servers, and good SLAs. Consider cyber insurance.

Conclusion

Digital is the future of evidence

Legislation and technology are aligned. Digital location descriptions increase your legal certainty, accelerate dispute resolution and reduce costs.

With a 93% success rate in court cases with digital evidence is it clear:
digitize = protect.

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