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Etat des Lieux
Through a rather long story, no Etats des Lieux was done when I moved into my apartment. However, I lodged 2 months rent into a joint blocked account.
In a little over two months, I will leave Brussels. Should I just stop paying rent now & authorise the Landlord to take his final two months rent from the blocked account?
The apartment is still in excellent condition.
If the Landlord is not happy with this, what can he do to me?
Unfortunately it is a trend among certain landlords to obtain "extra money" from their tenants. According to the law, the "ETAT DE LIEUX" must be done before and after moving and requires the signature of both parties or their representatives, otherwise is not legal. If you need more information please check: http://www.notaire.be/acheter-louer-emprunter/1.-bail-de-residence-princ...
My guess would be that the Landlord will want to do an inspection when you leave. I am presuming that you have already given notice?
I think you should have a look at the contract that you signed. it should clearly say that the deposit can never be used as a compensation for missing rents. Those two are very separate things.
The landlord can and will go to court if you fail to pay rent. And you'll loose and pay the cost for it.
The deposit can be be used to pay eventual damages but if the apartment is spotless in theory you should have nothing to fear.
Please also note that you are still liable for bills that matured during your stay but can be submitted to your landlord well after you left. It is important that you take note of the gas water electricity meters when you leave
You can't not pay rent. The deposit can NEVER be used in lieu of rental payment.?
The landlord has no legal grounds for withholding any deposit, as there's no Etat des Lieux. Nor can he get at the deposit without you signing it over to him.
You no longer have a short term lease, although a short term lease can be extended once (as it has been) extending it to cover a total term exceeding three years automatically converts it to a long term lease. Indeed that conversion effectively took place at the moment when neither party gave the requisite notice (probably three clear calendar months unless a lesser notice term is specified in the lease contract) to determine the lease within three years.
Note that even though the original signed lease specified a period of two years and this was extended by mutual (unsigned but de facto) agreement to four years, you still have to give formal notice (usually by registered letter) to your landlord in order to determine (i.e. bring to an end) the lease at the end of the four years. Unless a different period is actually specified in the lease this notice has to be given three clear calendar months in advance - i.e. notice delivered to your landlord today would determine the lease on 30 September or a specified day during October. Your landlord is entitled to rent in lieu of notice if you leave earlier, and, since you say that you will be leaving Brussels in a couple of months and haven't mentioned giving notice, I rather assume that this may prove to be the case.
Officially your landlord, once the lease converted to long term, should have registered it complete with a copy of the Etats de Lieu, but the fact that he hasn't done is unlikely to prevent him collecting the rent he is due. However, the fact that no Etats de Lieu was done will almost certainly prevent him from claiming reparations, although don't forget that some charges - water and electricity, for example - may still come in after your departure and he is entitled to any payment due for these.
