Wonderful folks !

I see the light at the nd of the tunnel 

Thanks a bunch Grmff, Panchito, Panfrites 
I would have been completely lost by now without you folks. Thanks a tonne for getting me ashore!

Grmphh, I am Clueless. Will certainly follow your advice step-by-step and learn from it.

Hopefully a few more questions

FYI, Move for me really means moving from ground floor to first floor. Literally their is  NO change of address as our door no. has three postboxes, no box numbers either! Move from ground floor to first floor still onvolves logsitcis and cost, moving DSL, phone electricity etc dismantling furniture bla bla

Now that they are vacating, I get the second garage myself, another 20 square meters and the back garden exclusively for me.(I won't ever make this mistake of renting garage, nothing for any tenant to access the back garden or garage to play or setup gym, do barbeque)

By law, do I need to occupy the first floor they will vacate for us in July (else pay 18 months rent as penalty??]

(10) Ok. I gave six months notice that I need their apartment for my family to move. Now they gave me one month notice that they will break the contract themselves and move sooner.  Does that mean it nullifies the requirement that I/my family  need to stay in their apartment for 2 more years?

Will they file a lawsuit and claim 18 month rent if I don't move to first floor and instead rent back first floor out, from, say 1st July?

Exit survey and key handover
(11)  I am out of the country last week of June and first week of July.
By family is still here. When does does key should collection happen? During, Before at or  after exit survey? OR, can my family collect the key on June 30th and I do exit survey in the weekend of first or second week of July?  Or tell teant I will collect key during exit survey myself on firts week of July?

(12) If I propose they handover key and do exit survey on say, any day on the week of 18th to 23rd June, will they ask for refund of rent for last ~7 days pro-rated (if they pay)?  Will they end of paying rent for 3 weeks only if we agree for exit on 18~23rd June?

(13) In case If I forced to move, can I have somebody there from July 1st who can be in first floor apartment temporarily from July 1st? (they will/amy eventually move done ground floor once I renovate Ground floor and move up in, say, September 1st
? (I have a probable future tenant who will visit me tomorrow, with whom I can rent out either the ground floor or first floor, based on what the  legal requirements are! )

Counter-response from tenant with one month terminantion notice,d ated 29th May, Reception 2nd July

Changing the subject of this thread based on renewed situation since yesterday June 2nd.

-I have signed a 9 year lease which started Sep 2011 with two youngsters, aged 25, who claimed they were students (although residence certifcate form commune states one is unemployed and other is demonstrator in magasins). I believe,  one or both are studying law ,as they claim theselves as acedemicians. One of the tenant seems to have disappeared too, not living together anymore?

-The contract type signed is (CONTRAT DE BAIL - RESIDENCE PRINCIPALE (Région de Bruxelles-Capitale)
link:https://www.pim.be/telechargement/bail_principal_v2009_bruxelles.pdf
-Ran into several issues with them
-Gave a termination notice April 12th that they need to vacate in 6 months, on or before October 31st, as I need apartment for my own use now
-they also have right to leave with one month notice
-The changed situation since yesterday is , I have collected a registered  letter yesterday June 2nd which states the following:

So this a new situation since yetserday June 2nd,

I am afraid I do have different questions now.

[couleur=#800000][date of acceptance of registration letter from tenant][/couleur]
Although tenant wants to start notice period for month starting June 1st, I only had the opportunity to accept tis letter  yesterday June 2nd (I do have transport proof that I have returned back to country 2nd June late night)

[color=#000080]
-(1)What are my rights now as a landlord? Since I received the letter on June 2nd, Can I assume that one month notice period of tenant starts on July 1st? Is it fair to expect that he pays rent for the month of July?
-(2) If answer to above question is yes, do I need to respond to him accepting his request but pointing out notice period of one month starts from July 1st? Or simply don't respond as they would know by tracking I accepted it on June 2nd?
-(3) Will it be an offense if I don't respond/reply but simply ask for July's rent when he quits?[/couleur]

[color=#800000]tenant not paying provisional charges and pays rent delayed[/couleur]
Tenant has a rental guarantee for two months blocked in a bank account.

-He did not pay agreed provisional charge for the month of May, 32 days gone unpaid (which has been stated in the contract and date of payment is 1st of  every month)
-He paid rent for May 15 days late
-There was no communication/warning till date on this regard, with respect to any delay in  payment
-Before receiving this termination note from tenant dated 29th May, I have already sent a registered letter dated 26th May, to both the tenants quoting that they didnot pay provisional charges for month of May,asked to pay by 30th May. Also warned that if this practice of delayed payment or not paying continues, I will file a "standard Requette" with Justice de paix.

As the syndic, Bank sent me a letter and state syndic account is blocked (as the account went negative since tenant didn't pay his provisional charges). They do not agree to a overdraft as it is non-revenue enterprise account.I am worried as they use all resources water, heating, common electricity. The provisional charges they pay are very less and end of fiscal accounting June 31st, they may need to pay another ~500 euro more towards actual charges based on consumtion(water, heating etc)

[color=#0000E0](4) What should I do if they don't pay rent ?
(5) what should I do if they don't pay provisional charges?
(6) How long should I wait before taking action?
(7) There is NO money in syndic account and we can't pay. Will it become illegal if we, say shut down water or stop electricity to common area etc?
(8) I am a first time landlord and new to all these stuff. In case of filing a "standard requette" with judge de paix, what is better?-Do it myself or do it through a lawyer?
[/couleur]

Wonderful forum!!
I am back again with further questions

To summarize:
-I have signed a 9 year lease which started Sep 2011 with two youngsters, aged 25, who claimed they were student. I believe one or both are studying law
-Ran into several issues with them
-Gave a termination notice last month that they need to vacate in 6 months, on or before October 31st,  as I need apartment for my own use now
-they also have right to leave with one month notice
-Once of the occupants, the girl seems to have disappeared and doesn't seem to be living in the rented apartment anymore
- A stranger seems to live that other occupant in teh apartment now.Not sure if ne of teh occupants have sub-let it.

Now,
# they paid May rent 15 days late
# They have not paid provisional charges for the months of May yet.
I happen to be teh syndic of this three apartment building and we are on negative balance with this syndic account
# They used the same ploy of not paying provisional charges for couple of months once they entered the apartment.

I have already sent a registered letter last Saturday that they should pay provisional charges before month-end and should pay rent and charges in time henceforth. Else, I told them I will open a standard requette with Judge de paix.

I am worried they use all resources water, heating, common electricity etc but they don't want to pay or delay in paying, once I gave termination notice

(1) What should I do if they don't pay rent ?
(2) what should I do if they don't pay provisional charges
(3) How long should I wait before taking action?
(4) There is NO money in syndic account and we can't pay. Will it become illegal if we, say shut down water or stop electricity to common area etc?
(5) I am a first time landlord and new to all these stuff. In case of filing a "standard requette" with juge de paix, what is better?-Do it myself or do it through a lawyer?

Thank you Panchito and Grmff

I hope to get an easy way out of this mess.

Thanks again!!!

I don't want to be a syndic. Can give it to somebody if I foind a cheaper, affordable syndic.

Didn't way to pay 250 euro per month for three paartments, just to do the accounting.

I belive each parent pays 4000 euro to each kid I suppose.
When they were negotiating the contract, I saw the girl dad asking both what do they plan for dealing with common charges. I saw the boy calling his mom, get her approval, confirmed he will take care of that. I assume his mother agreed to pay this part.

Both of them have a small fancy car each. Rent and provisional charges were not a problem so far yet.Still worried when they would settle the annual adjustment.

Both are 25 years old.

Took ovr a professional syndic, as they were charging 250 euro per month
shared between three apartments, just to do the accounting. In a way, monthly syndic cost alone was 83 euro. So, we got of teh rid of teh sysndic.

# And from last year experience, I have total cost for heating to ISTA and they divided it simply based on quotite part returned back with report per apartment/caloriment.

Didn't know the practice on 25%/65%. Will enforce this with ISTA coming year.

With respect to rent, it is a 82 m2 apartment, two bedrooms, one small store room, one balcony, a living plus a cellar of 7 m2 and a garage of 20 m2 witha private access o garage through backgarden from street. In effect, close to 110 m2 altogether.

This 82m2 surface area also includes staircase to firstfloor and II floor.
In efefct living area in the rented apartment could be 72 m2 plus a cellar(7sqm) and a garage.

We will charged 825 euro as rent(includes garage) and 85 euro as provisional charges.(not fixed). Somebody can what should be the right rent for the description?

-private consumption of electricity within the apartment is occupier's cost
-private consumption of gas within apartment is on occupier
-central heating shared on quotite part but will start enforcing 25%/65%
-Water simply based on quotite part for thirty years , as it was single family house, we need to have add another three passage water meters and try to compute consumption from say, 5 water meters. Strangely, WE have one mter from Hydobru and two passage meters split across three apartment that actual consumption per apartment can't be done now.
.
The tenants stayed here since September. Issue started slowly after three months of arrival.

As suggested, will NOT go to police. Will see what they offer in conciliation.
I don't want indemnity. They sooner they leave, the better for me.
And I get back my notice.

I have learnt a lesson.

# No more renting of garage as we share common space & back garden between two garages

# Only one year fixed, See how they behave. have something to hold.

# Put all those conditions which may affect character of the building into the contract (Nots sure if this is the right thing) 

They said they moved froma studio. They have a dog and load of things which would need a bug house. Not sure how they has all these stuff and a personal  gym with at least 4 equipments, (one heavy equipment installed close to PVC sanitary pipe from WC by the tenant  ,   big wooden garden table plus chairs, PingPong table, Table FootBall, Two bicycles, Barbeque etc. I still may need to live with this if they want to bring this all out to back-garden for summer.

Well said Grmphh.. And thanks a lot Panchito!!!!

Looked at the concilliation again and it simply says

what is cited by me already below from me at "Date : 12/04/2012 à 11h02" is teh only contest filed by teh tenant with Juge de Paix.

Nothing mentioned about indemnity for leaving the apartment.
I believe it has to do with asking for indemnity yesterday for not being without hotwater since April 6th.

But the fact is:

The problem is fixed yesterday. This is teh status of the issue as of now:

I am sure the kids love our apartment. They just want indemnity for not having hot water since April 6th two have two baths every day until yesterday. They also want to make it serious by pointing gas smell but the technician who came in yesterday didn't find any gas smell.

# They just took a ride for a "technical problem they are supposed to fix" by
riding on me two times that I pay maintenance so far since I don't have a "entretien complete" for the mainteanance done within tyhree months of occupation.

So, I am still serious to snd termination notice as I belive the indeminuty they might ask for is for heing without hotwater. They don't have intentions to leave until 2020.

# There are some eamils talking about gas leak but nothing in written from technican who visted on 14th October. I don't know if you remeber and say that to court too.

What do I do now?

-Exercise my right sending termination and face consilation prove my facts?
And try negotiating indemnity as low as possible?

I just picked up a letter from postbox from "Judge de Paix WSP" inviting me fora "conciliation", asking me to present on May 3rd.

Th e copy of conciliation says the following"

-Does it change anything. Can I still send termination notice???
-My impression, they can't do anything if I am not present for conciliation?
Also Going to SNP & Juge de Paix to clarify.

Yes, I have registered teh contract with fiscal authorities,   within 2 months of signing contract

What I have not done are:

(a) I don't have "entretien complete" done within three months before the occupation of tenants

(b) I am yet ensure the electric circuitry in the leased apartment complies with current standards as per report from ABRAGAS at the time of purchase this apartment leased. I normally have 18 months to fullfil this compliance.
I still have time until Dec 2012 to fulfil this,a s the purchase happended in July 2011.

But, teh tenants are running around the apartment witha lectic heater rated for 3kW, which , electric circuits from apartments won't eb able to withstand.

I know tenants openly commented before that i should ensure this compliance is fulfilled before renting it-Although Electrician assures nothinbg will happen and not dangerous.

I am awaiting dates from electrician to start this work. Tenants said in one of their emails this can't be done in May, June 2012. But , I am thinking of sending a letter (envoye recommende) to tenants proposing dates for this work in May, June and await their response. Honestly, I don't know if I shouldn't rented it without fulfilling electricity compliance, although by law, I have 18 months from date of purchase to comply.

Panchito,

# OK, I can wait with submitting a "Requette en matiere de bail a loyer(Art.1344bis do code Judiciare)

# How about submitting a police complain today?

I am worried the youngsters will turn arrogant. I would put comments that if "somethings happens to me they are responsible" and "request protection for my family while I out the country the whole for work, which is the situation for last 125 weeks"

# By the way, I am going to SNP also today

!!!Will await feedback from the forum before lodging my police complaint!!!!