Tenancy law: I wish to rent my apartment. How can I do it?

More and more landlords are starting to rent out their property. You can also do it! We explain you, how to do it.

The lease contract:

It is important to draw up a lease contract in writing and that it is clear and precise. This document can protect you in case of a dispute with the lessor. 

The object being rented: 

In the lease contract, a precise description of the property is recommended. If it is furnished, it is advisable to make an inventory. 

Any outbuildings (car park, garage), gardens should be mentioned. The payment of maintenance costs must also be established. 

The usefulness of the property must be defined, whether it is a dwelling or whether it will be used for commercial purposes. 

The tenant :

Is it a natural person or a legal entity?

The lessor must also ensure the solvency of the tenant. He may ask for the following documents: 

• Identity document,
• Salary slips,
• Extract from the prosecution register,
• Extract from the commercial register, if the tenant is a company. 

The duration of the lease:

The lease contract can be for a fixed or an indefinite period of time. To learn more about this subject, read this article on our blog!

The rent :

You are free to set the rent of your property, as long as the price remains within the limits of the Code of Obligations. Keep in mind that the tenant can contest it! It is therefore advisable to be reasonable when you set it.

The management :

The lessor can manage his properties himself or entrust them to a management company (costs will naturally follow).

You need to know your limits, otherwise you could suffer financial consequences. 

The landlord is free to choose his tenant. 

You will then have to find out about the taxation of the rents you will receive.

When you rent out your first property, we recommend that you bring three types of documents with you: the lease agreement, the inventory of fixtures and fittings and the receipt.

It is normal for a private individual not to have a complete knowledge of lease law and the real estate market. To ensure that these documents are as complete as possible and can guarantee your best protection as a landlord, you can entrust their drafting to a specialist lawyer. He will be able to advise you at all stages of the process.

Download a sample lease agreement or let Lawrence draft it for you!