It is the question that comes up at the end of every lease: is this mark, this hole, this stain tenant damage payable by the tenant, or simply the normal wear and tear of a lived-in home? The answer determines the amount withheld from the rental deposit — and the likelihood of a dispute.
Practical summary, up to date as of October 2026; it does not constitute legal advice. In the event of disagreement, the final decision rests with the justice of the peace.
The principle
The tenant must return the property in the condition in which they received it, as described in the move-in property inspection report. But they are not liable for:
- normal wear and tear, i.e. the inevitable deterioration resulting from normal use of the property;
- age-related deterioration, i.e. the ageing of materials over time;
- construction defects and cases of force majeure.
Tenant damage, on the other hand, results from abnormal use, a failure to carry out maintenance for which the tenant is responsible, an accident or negligence.
The criteria for deciding
When there is a difference between move-in and move-out, four questions help to classify the finding.
1. Was the deterioration avoidable?
Parquet that has dulled slightly in high-traffic areas after several years is unavoidable. A deep scratch left by furniture being dragged is not.
2. How long was the property occupied?
What is normal after nine years is not normal after six months. The longer the lease, the greater the acceptable wear.
3. Did the tenant meet their maintenance obligations?
Routine maintenance is generally the tenant’s responsibility: descaling, cleaning grout, annual boiler servicing depending on the lease clauses, replacing light bulbs… Shower grout that has turned black through lack of cleaning is a failure of maintenance; grout that has cracked after fifteen years is age-related deterioration.
4. Was the problem reported?
A tenant who reported a leak or water ingress in writing cannot be held liable for the resulting damage if the landlord failed to act.
Common examples
| Finding | More likely normal wear and tear / age-related deterioration | More likely tenant damage |
|---|---|---|
| Walls | Slightly faded paintwork, small marks around light switches | Multiple unfilled holes, paint in an unauthorised colour, scratch marks |
| Floors | Parquet dulled in walkways, flattened carpet | Burn, ingrained stain, deep scratches, board swollen by water |
| Sanitary ware | Slightly dull enamel, old cracked grout | Cracked washbasin, grout blackened through lack of maintenance, untreated limescale |
| Joinery | Normal play in hinges | Torn-off handle, cracked pane, dented door |
| Appliances | Breakdown due to the appliance’s age | Cooker hood never cleaned, hob scratched through improper use |
These examples are for guidance only: each situation depends on the move-in report, the length of the lease and the terms of the contract.
The question of small holes
Wall plug holes are the classic source of disagreement. In practice, a few reasonable fixings for hanging pictures are often considered normal use, especially after a long lease. Dozens of holes, heavy-duty fixings or poorly filled holes are more readily held to be damage. The lease may also lay down specific rules.
Costing fair compensation: allowing for age-related deterioration
Once the damage has been established, it still has to be costed. The principle is that the landlord must be compensated for their actual loss, without being enriched. Charging for a complete new paint job over paintwork that was already eight years old would mean making the tenant pay for a renovation that time would have required anyway.
Hence the practice of a depreciation deduction: the compensation is reduced according to the age of the item and its usual lifespan. There is no single statutory scale in Belgium; surveyors rely on usual lifespans (paintwork, floor coverings, equipment…) and on their own judgement.
A clear method for each item:
- Describe the damage (nature, location, extent);
- Cost the repair (quantity × unit price, or a justified flat rate);
- Apply the depreciation deduction according to the age of the item;
- Total item by item.
A detailed cost estimate of this kind is much easier to accept than a lump sum, and it stands up better in court.
What prevents disputes
- A precise move-in inspection report documenting existing defects (see our rules by region);
- photos linked to each item, at both move-in and move-out;
- an explicit classification of each difference (damage, wear and tear, age-related deterioration);
- an item-by-item cost estimate, using a price list that is consistent from one file to the next.
For how to conduct the end-of-lease inspection, see also our guide to the move-out property inspection.
