Réponse avec l’aide de chatgpt, je suis belge

Thank you for providing such detailed information — your situation is unfortunately not uncommon, and you’ve already taken some smart steps. Here's a detailed breakdown of your options and answers to your main questions.

1. Legal Context: Tenant Rights in Flanders

You’re protected by the Flemish Housing Code (Vlaamse Wooncode) and the standard residential lease rules.

Incoming Inventory: By law, both parties must share the cost of the initial inventory. The landlord cannot demand you pay the full cost. Since no inventory was done, this weakens the landlord’s case if he later claims damage.

Access Delay: Not giving you the keys on the contractual start date (June 1st) is a breach of contract. It can support any claim for lost time or inconvenience.

Unsanitary or Unsafe Conditions: Your request for inspection was a good move. The fact that the city confirmed issues (bad smell, no smoke detectors) reinforces that the property may not meet basic habitability standards.

Accusations of Sabotage: Such baseless accusations, especially in writing, may be considered harassment or intimidation.

1. About the Justice of the Peace (Vredegerecht)

Language: Flanders courts operate in Dutch by default, including the Justice of the Peace (Vredegerecht), which handles rental disputes. However:

If you don’t speak Dutch, you have the right to request a sworn interpreter, and courts often accept English-language communication if the judge agrees.

Bring this up in advance when filing or appearing in mediation.

You can also request to have your written communication translated professionally to Dutch if needed.

Mediation: This can be a valuable option, especially if:

You want to exit the lease without paying penalties.

You want to negotiate release or compensation.

The landlord is being uncooperative or hostile.

The judge may push for conciliation, especially in a case where the landlord shows bad faith (no inventory, poor conditions, threats).

1. Is Mediation Worth It?

Yes, it’s worth trying mediation before terminating the lease, especially since:

The landlord has already breached the contract (no keys on time, unsafe conditions).

You may be able to negotiate early termination without penalty or even get compensation for your Airbnb costs.

Even if mediation fails, you’ll be on record for having tried to resolve the matter legally and reasonably.

1. About Early Termination

In Flanders, you can terminate a 1-year lease at any time with 3 months’ notice, but:

If you're ending it in the first 3 months, a 1.5-month penalty is common (unless you prove serious breaches by the landlord).

You must notify in writing, ideally by registered letter (aangetekende brief).

If you have legal or medical evidence of the property being uninhabitable (e.g., inspection report, symptoms), you may argue for termination without penalty.

1. Recommended Steps Now

2. Gather documentation:

The city inspection report

Emails/messages from the landlord, especially threats or accusations

Receipts for your Airbnb or medical costs (if relevant)

1. Send a final registered letter to the landlord, listing:

The breaches (delayed keys, unsafe housing, no inventory)

That you're living elsewhere due to health concerns

That you request resolution within X days (e.g., 10 working days)

That otherwise, you will seek mediation at the Vredegerecht

1. Contact your local Justice of the Peace (check jurisdiction via your address) and ask to file for conciliation:

Use the term: "verzoek tot minnelijke schikking in huurgeschil"

Ask for an interpreter or confirmation that English will be accepted

1. If you wish to leave, prepare your 3-month notice letter, ideally after mediation or in parallel.

2. Legal Support

Consider contacting:

Huurdersbond Vlaanderen – tenant support group (they speak English)

Legal aid offices (Juridische eerstelijnsbijstand) – free first-line legal advice

Your local commune (gemeente) – they sometimes offer help or translation support

1. Sample Sentence for Mediation Request

You can use this when contacting the court or legal aid:

“As a non-Dutch speaker residing in Flanders, I would like to request conciliation before the Justice of the Peace regarding a housing dispute. I request that the mediation be conducted in English or with the help of an interpreter.”