Indexation Loyer: How to calculate indexation? When to ask for it?

1) How to calculate indexation?
Very easy: use the calculator of PIM! Or any other...

2) When can I ask for it ?
Any time. But when you ask for it, the request is valid only 3 months backward. The normal time is on anniversary.

3) What indexed rent should I ask for?
I don't get your question. You put the valid numbers and dates in the calculator, ask join the result to the letter you send to your tennent.

I gave exacty these figures you calculated above, stating my tenant should pay € 799.81 effective October.   Her response is as follows:

The confusion here is, I am still calculating indexation,  based on base rent and index from very first contract sign date whereas, looks like she took the 4th final renewed contract to "service des locataires de Bruxelles" and claims she will only pay indexation from May 2018 :-/

I will push her that she needs to pay from October 2017. Thanks for your help  Grmf!

Dernière modification par IBS (30-10-2017 22:56:00)

Si je ne me trompe pas, l'indice de départ est celui du mois qui précède celui durant lequel le bail a été conclu et donc dans le cas présent août 2012.

Dernière modification par libra (31-10-2017 08:37:51)

Yes, it is still the same tenant/same apartment. Since first contract was signed for one year for trial, I assumed we need to make a new contract as the first one expired.

For renewal,  no contract conditions were changed. we simply printed a new template, revised the date, added any indexed rent for that year :
Didn't   putting the revised indexed rent is a change of condition.
WE always kept the index reference to the first contract.

How does one renew a rental contract?  Just change/extend the date on original contract?
Myself and my tenant, we both assume we have a nine year contract now,  started in 2012 and finishing in 2021?

Our first contract signed in 2012, although was limited to one year, is still valid and right?
My options now are, if I want the tenant to leave:
A) send a registered termination note with 3 months notice before expiry of nine year lease
B) send a registered termination note with 6 months notice if we need the apartment for our family or for repairs, right?

In  the same way, can she walk out without giving any notice ?

You are fully wrong!

In order to protect the Tenant's rights, if you don't break the contract 3 months (at least) before the end of the given trial period (1 year), the contract is automatically transformed into the standard Belgian main residence contract (9 years). 

So now you are legally obliged to keep your tenant until 2021.

You can only evict her
- by paying to her 18 months of rent
- if you need the apartment for a member (first degree) of your family. Your tenant can sue you, if the member of your family doesn't have his/her main residence there for 2 years at least
- if you perform renovation works (the official bills of those renovation works must be higher than 2 years of rent)

Dernière modification par panchito (31-10-2017 22:06:37)

Not so sure...

If you are sued by the evicted tenant, how do you will prove the total amount of money you have spent for those renovation works?

In this case, 3 years of rent = 3 * 799,91 * 12 = 28.796,76 €

Dernière modification par panchito (01-11-2017 09:15:51)