Personal occupation: when the lessor’s leave turns against him
Did you know that a landlord who gives leave for personal occupation may be forced to pay18 months rentto his former tenant? This risk, often unknown, concerns both private landlords and real estate companies. However, with the right legal reflexes, it is possible to secure your leave and avoid a costly backlash.
The Twagiramungu Innocent law firm, located inBrusselsand operating in Ixelles and Saint-Gilles, has been supporting landlords in their rental processes for over 20 years. With this expertise, Master Twagiramungu guides you to give your leave with complete peace of mind.
Personal occupation: a strictly regulated reason
Leave for personal occupation allows the lessor to end the lease to accommodate a loved one in the property. But be careful, the law setsdraconian conditions. The beneficiary must be the lessor himself, his spouse, his child or a relative or relative up to the 2nd degree. The occupation must be effective within the year, and last at least 2 years.
In practice, a landlord who gives notice “to accommodate his son”, but who ultimately re-rents the property 6 months later, is exposed to heavy sanctions. The evicted tenant may claim acompensation for 18 months of rent, even without proving his damage. A trap that many poorly informed landlords fall into.
Proving the reality of the occupation: the crux of the matter
To avoid compensation, the lessor must demonstrate that he has scrupulously complied with the legal conditions. Proof is by all legal means:domiciliation, invoices, energy contracts… The more clues are provided, the greater the chances of convincing the judge.
But the lessor must also justify the continuity of occupation for 2 years. The courts are very strict on this point. Even a short rental or temporary vacancy can be fatal. Only an unforeseeable event, such as a professional transfer, is sometimes accepted as exempt.
Our advice for a peaceful leave
To minimize risks, we recommendbuild a solid evidentiary filebefore even giving notice. Dated photos of the arrangements, proof of the children’s change of school, traces of the procedures… These elements will attest to the seriousness of your project.
Also remember to notify your tenant in advance, to maintain a peaceful dialogue. An informed and respected tenant will be less inclined to contest your leave. In the event of a dispute, always favor an amicable solution, such as negotiated compensation, rather than risking a legal conviction.
The lawyer, your best asset
In this complex legal context, the assistance of aspecialist lawyeris a valuable asset. It will help you draw up a concrete notice, compile the relevant evidence, and find a favorable outcome in the event of a dispute.
At Maître Twagiramungu Innocent, we put our expertise in rental law at the service of landlords in the Brussels region. Responsive and attentive, Maître Twagiramungu will be able to secure your occupation project or defend you in court. Do not hesitate to contact us for initial advice.