Tenancy law in Belgium: rights and obligations of tenants and landlords

Tenancy law in Belgium affects the daily lives of countless tenants and landlords. Since the sixth state reform, residential tenancies have been a matter for the regions, so the rules differ between Brussels, Flanders and Wallonia. This overview sets out the main rights and obligations of tenants and landlords and refers to our detailed articles on each topic, so that you can quickly find the information you need.

Which tenancy law rules apply in Belgium?

• Brussels: the Brussels Housing Code (Code bruxellois du Logement), which has governed residential tenancies since 1 January 2018 and was substantially reformed in 2024.
• Flanders: the Flemish Residential Tenancy Decree, for tenancy agreements concluded since 1 January 2019.
• Wallonia: the Walloon Decree of 15 March 2018 on residential leases, for leases concluded since 1 September 2018.
• Commercial leases: for premises in which the tenant runs a business, the mandatory rules of the Commercial Leases Act apply. Read our article on commercial leases, renewal and termination.

Which regime applies depends on where the property is located and, sometimes, on the date of the agreement. A lease for a home in Brussels is therefore subject to different rules than a lease for a home in Flanders, regardless of where it was signed.

The landlord’s obligations

• to make the property available in a condition that meets the regional standards on safety, health and housing quality;
• to carry out the repairs that are not the tenant’s responsibility, such as major repairs and repairs due to ageing or force majeure;
• to guarantee the tenant’s quiet enjoyment of the property;
• to have the lease and the inventory of condition registered.

The tenant’s obligations

• to pay the rent and charges on time;
• to use the property as a prudent and reasonable person, in accordance with the use agreed in the lease;
• to carry out minor repairs and routine maintenance;
• to return the property at the end of the tenancy in the condition recorded in the check-in inventory, allowing for normal wear and tear, ageing or force majeure;
• to insure their liability for fire and water damage where the regional rules or the lease require it; in Flanders, this insurance is compulsory by law.

The lease and the inventory of condition

A residential lease must be in writing and contain a number of mandatory particulars. The check-in inventory of condition (état des lieux) is drawn up jointly by both parties and attached to the lease. It is the key piece of evidence in any dispute about damage to the property. Read more about drafting a lease and about the inventory of condition and rental damage.

The rental deposit

The landlord may ask for a rental deposit, but the regions cap it. In Brussels, for leases concluded or renewed since 1 November 2024, the deposit may not exceed two months’ rent, whatever its form (Article 248 of the Brussels Housing Code). In Flanders, for leases concluded since 1 January 2019, it may not exceed three months’ rent (Article 37 of the Flemish Residential Tenancy Decree). Read more about the rental deposit and how to get it back.

Registration of the lease

The landlord must have the lease and the inventory of condition registered; for a residential lease, registration is in principle free of charge. In Flanders, this must be done within two months of signature; as long as the lease has not been registered after that period, the tenant is not bound by the ordinary notice period or the termination fee (Article 20 of the Flemish Residential Tenancy Decree). In Brussels, the registration of residential leases has been organised by the region since 1 January 2025, via the Irisrent platform; according to the region, the lease must for now also be registered via the federal MyRent platform.

In Brussels too, the notice period and the termination fee payable by the tenant do not apply as long as the lease has not been registered after the two-month period; since 1 January 2025, no prior formal notice (ingebrekestelling / mise en demeure) is required (Article 228/5 of the Brussels Housing Code). In Wallonia, this rule only applies if the tenant has given the landlord formal notice to register the lease and that notice has remained without effect for one month (Article 54 of the Walloon Decree). Registration also gives the lease a “certain date” (date certaine), which matters in Wallonia when the property is sold.

Sale of the rented property

If the rented property is sold, the buyer takes over all the landlord’s rights and obligations in Flanders and, for sales since 1 November 2024, in Brussels, even if the lease has no certain date (Article 38 of the Flemish Residential Tenancy Decree; Article 229 of the Brussels Housing Code). The buyer can then only terminate the lease on the conditions laid down by the regional rules. In Wallonia, a lease with a certain date, for example through registration, remains binding on the buyer; if the lease has no certain date, the buyer is still bound where the tenant has lived in the property for at least six months, but then has broader termination rights (Article 63 of the Walloon Decree). As a tenant, you therefore need not fear that a sale will automatically end your tenancy.

Duration, indexation and termination

A residential lease for a main residence is in principle concluded for nine years. A short-term lease of no more than three years is possible but must be in writing. The rent can in principle be indexed once a year if the lease is in writing; indexation must be requested in writing and cannot be applied retroactively for more than three months. In recent years, the regions have also linked indexation to the property’s energy performance certificate (EPC), with rules that vary by region and by period.

The tenant can terminate a nine-year lease at any time by giving three months’ notice; during the first three years, a termination fee is generally payable. The landlord can only give notice on the grounds provided by law, such as occupying the property personally, major renovation works or, at certain times, without any reason against payment of compensation, in each case with six months’ notice. Read more about rent indexation, termination by the landlord and termination by the tenant.

Defects and unpaid rent

If the property has defects, such as damp or mould, the tenant must report them and may, under certain conditions, claim repairs, a rent reduction or termination of the lease.

If the tenant does not pay, the landlord can recover the arrears and ask for the lease to be terminated, with eviction as the last resort. An eviction requires a court decision and is carried out by a bailiff (huissier de justice); the landlord may never remove the tenant themselves. Read more about damp and defects in rented housing, a tenant who does not pay and the eviction procedure.

The justice of the peace in a tenancy dispute

The justice of the peace (juge de paix) for the place where the property is located has jurisdiction over all disputes concerning leases of immovable property, whatever the amount. A tenancy dispute can be brought by application (requête), which is generally simpler and cheaper than a writ of summons. A conciliation attempt before the justice of the peace can also be requested beforehand. Read more about proceedings before the justice of the peace.

Frequently asked questions

May the landlord enter the property?

Only as agreed in the lease or with your consent, for example for repairs or viewings in the event of a sale or the end of the tenancy. The landlord may not enter the property on their own initiative: the tenant is entitled to quiet enjoyment.

Can I sublet the property as a tenant?

Subletting the whole of a property rented as a main residence is in principle prohibited. Partial subletting is subject to conditions, such as the landlord’s consent. Check your lease and the regional rules before subletting. Subletting without the required consent may be grounds for terminating your own lease.

Can I withhold rent if the landlord does not carry out repairs?

That is risky: withholding rent is only allowed in the event of a serious breach by the landlord and in proportion to it. If the justice of the peace later finds that withholding was not justified, you will be in breach yourself and risk termination of your lease. So first send the landlord a written formal notice (mise en demeure) and, if necessary, ask the justice of the peace to order repairs or a rent reduction.

Novex Advocaten can assist you

We assist tenants and landlords in Brussels and Flanders, from drafting a lease to proceedings before the justice of the peace. Contact us for an initial discussion of your situation. We work in Dutch, French, English and Arabic, and are familiar with the rules of both the Brussels and the Flemish regions.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.