Tenancy law

Delivery of the property

As a landlord, the moment a tenant leaves your property is very important. A thorough handover process ensures clarity for both parties and prevents disputes. The tenancy law attorneys at Delissen Martens will guide you through every stage of the process, from preliminary handover to final inspection.

How should a residential property be handed over?

Typically, the tenant must hand over the property in the same condition as at the start of the lease, except for normal wear and tear. The property's condition is recorded in a handover report. If no inventory has been made, the tenant may, in principle, leave the property in its current condition, unless you can demonstrate as the landlord that the property was in better condition (e.g., without damage) when it was made available to the tenant at the start of the lease agreement.

A proper handover is therefore based on the handover report. As a landlord, it is important to record the property's condition in the report at the start of the lease agreement. This prevents disputes during the handover.

Schedule a preliminary inspection well in advance

Ideally, the preliminary inspection should take place a few weeks before the end of the lease agreement. During this inspection, walk through the property with the tenant and point out any defects or necessary repairs. This gives the tenant the opportunity to repair any defects before the lease ends and prevents disputes at the time of handover.

Final Inspection

During the final inspection, check that the tenant has left the property as agreed. Is there any damage, or have any obligations not been fulfilled? Record this information in a final inspection report and have the tenant sign it. If the tenant refuses to sign, note their comments.

What if disputes arise?

If you cannot reach an agreement with the tenant regarding the condition of the property, damage, or the contents of the inspection report, it is wise to seek legal advice. In such cases, it is important to have well-documented records, such as a detailed inspection report and correspondence with the tenant. Our tenancy law attorneys will be happy to assist you.

Marc Delissen
Questions about this area of law?
Please contact Marc Delissen

Team tenancy law

Vincent Verhulst

Attorney at law

Cindy Luiten

Attorney at law

Marc Delissen

Attorney at law/mediator/partner

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