Short answer: No — you should not simply keep paying. In Belgium, who pays for water damage depends on the cause. If it comes from the tenant's fault or neglect — a tap left running, a leak they never reported, a seal they should have maintained — the tenant is liable. And since 1 November 2024 every tenant in Belgium must carry insurance that covers exactly this. You only pay when the cause is an ageing pipe, a building defect, or normal wear and tear.

Who is responsible for repairs — the basic split

Belgian law divides rental repairs into two buckets:

• The landlord pays for major and structural repairs, normal wear and tear, deterioration over time, force majeure, and anything caused by a building defect (e.g. an old, failing pipe).
• The tenant pays for minor day-to-day upkeep, ordinary maintenance of the plumbing and sanitary fittings — including spotting and dealing with leaks — and any damage caused by their own fault or negligence.

So the question is never just "there's water damage, who pays?" — it's "what caused it?"

Water damage: who pays, by cause

• Tenant pays — a tap or appliance left running, an overflow, a leak the tenant noticed but did not report, a seal or small fitting they were supposed to maintain, or damage from misuse. This is the tenant's civil liability toward you.
• Landlord pays — a burst or corroded pipe, a roof or facade defect, a construction fault, or anything that is simply old and worn. That is the building's problem, and the building is yours.

The inventory of fixtures (état des lieux / plaatsbeschrijving) and dated photos are what decide a dispute — they show the condition before and after, and help pin the cause.

Your tenant is legally required to be insured for this

Crucially for you: tenant liability ("fire") insurance is now mandatory in all three regions — Wallonia since 1 September 2018, Flanders since 1 January 2019, and Brussels since 1 November 2024. Despite the name, these policies (brandverzekering / assurance incendie) typically cover fire, water damage, storms, and the tenant's liability toward the landlord and neighbours.

In practice that means when the damage is the tenant's fault, the cost should land on the tenant's insurer — not on you. Always ask for a copy of the tenant's insurance certificate at the start of the lease, and keep it on file.

How to stop absorbing the cost

1. Establish the cause, in writing, with photos. Note the date, what failed, and why. Compare against the move-in inventory.
2. If it's the tenant's fault, notify them and their insurer. Send a dated message with the evidence and request that their liability insurance handle it.
3. Use the deposit only for proven tenant-fault damage that isn't otherwise covered — never for normal wear or a building defect.
4. If they refuse, the Justice of the Peace (vrederechter / juge de paix) handles rental disputes, with free conciliation.

Prove fault, recover the cost — automatically

You lose money on tenant-caused damage when you can't prove the cause. ImmoDesk logs every maintenance issue with dated photos, stores each tenant's mandatory insurance certificate, and keeps the inventory and your messages in one timestamped record — so when damage is the tenant's fault, you can show it and pass the cost to their insurer instead of absorbing it. Start free — no credit card required.

This article is general information about Belgian residential rentals as of 2026 and is not legal advice. Rules differ by region (Flanders, Brussels, Wallonia) and change over time — verify the current rule for your situation or consult a professional.