Renting in Belgium: Tenant rights and rental agreements

This is what you need to know about your rights and obligations when renting in Belgium.

Angelina

8 minute read

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Updated on 14 Oct 2024

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Renting

While most Europeans can search for suitable accommodation upon arrival in Belgium, those who come from non-EU countries need to arrange a place in advance. After all, you need to register your address within 7 days from your arrival to get your residence permit.

Yes, the process for renting in Belgium can differ, depending on where you come from. But also laws governing your rental agreement will vary per type of rental contract and region where your flat is located:

• Brussels Housing Code
• Flanders Housing Decree
• Walloon Housing Rental Decree

However certain tenant rights and obligations are the same for everyone in Belgium. So, before you sign your rental agreement, make sure you understand:

• requirements to rent in Belgium
• the steps you need to take to rent safely
• your rental contract, rights and obligations
• rent increase in Belgium
• when subletting is legal in Belgium
• where to go if you have problems with your landlord.

Let’s dive right in!

Renting in Belgium isn’t as difficult and expensive as it’s in countries like the Netherlands or the UK. You’ll find plenty of options for your new home even in the best neighbourhoods of the capital. However, the prices differ greatly depending on which of Belgium's best cities you choose as your destination.

Despite having a similar cost of living, rent prices in Brussels are generally 20% higher than in Antwerp.

Most of the houses in Belgium are rented in an unfurnished state and excluding utilities. Only some apartments are serviced, where everything is arranged for you by your landlord and the fees are included in your rent.

Always check what’s included in your rent and in what state your apartment is to prevent unwanted surprises!

The documents needed to rent a place in Belgium vary, depending on the rules established by the owner or agency.

However, you’ll be often asked to submit:

• your passport
• your current address
• your residence permit (sometimes your visa will suffice)
• proof of funds (e.g. payslips, employment contract, bank statements)
• Belgian bank account details

Have you found your dream home? Congratulations! There’re a few more things left to do before you move into your new apartment in Belgium:

1. Perform inventory check
2. Read and understand your rental contract
3. Pay rental guarantee
4. Make sure your landlord registers the contract

We advise you to carefully inspect your accommodation before moving into your new place in Belgium. However, it’s not always possible if you’re arriving from abroad. In that case, make sure you perform the inventory check together with your landlord by the end of the first month of the rental contract.

You can complete the inventory report with your landlord or with an external expert.

It should include:

• description of the state of the rooms, materials, fixtures and fittings
• water, gas and electricity metre numbers
• if the apartment is cleaned thoroughly

Take your time and make sure that the report includes photos. If you miss something, you risk paying for it at the end of your lease.

Don’t rush to sign your tenancy agreement. Make sure you’ve a good grasp of it first and that your rights are protected. Your signature means that you agree with all the clauses.

Do you’ve questions about your rental contract in Brussels? You can get advice from an expert by reaching out to Expat Welcome Desk at info@commissioner.brussels.

There are 2 common types of rental agreements in Belgium, based on their length:

• Short-term (up to 3 years)
• Long-term (3 – 9 years)

The few less common rental contracts include very short lease of less than 6 months and lifetime lease.

Short-term rental agreements in Belgium

A short-term lease in Belgium is a rental agreement valid for 6 months to 3 years. To terminate a short-term rental contract, you or your landlord must give at least a 3 months’ notice before the end date of the lease.

You can extend a short-term rental contract under the same conditions but the duration of the lease can’t be longer than 3 years in total. How often you are allowed to renew your contract varies from region to region. In Flanders, you can only renew it once, in Wallonia twice and in Brussels even more than twice.

Be careful, if you don’t give any notice 3 months before the end date of the short term lease, it automatically turns into a long-term rental agreement.

Terminating a short-term contract in Brussels and Wallonia

In Brussels and Wallonia, if you’d like to terminate a short-term contract early, you must give a 3 months' notice and pay a penalty of 1 month’s rent.

Landlords in Brussels and Wallonia regions can only terminate a short-term rental agreement prematurely after the 1st year of the lease upon giving a 3 months’ notice and paying a penalty of 1 month’s rent. They can only do so if they’re going to move into the accommodation themselves or let the members of their family occupy the space.

Terminating a short-term contract in Flanders

In Flanders, if you’d like you’d like to terminate a short-term contract early, you must give a 3 months' notice and pay a penalty of:

• 1.5 months' rent if you cancel the contract during the 1st year

• 1 month's rent if you cancel the contract during the 2nd year

• half a month's rent if you cancel the contract during the 3d year

  Landlords in Flanders can’t terminate short-term contracts prematurely.

Long-term rental agreements in Belgium

Long-term rental contracts are the most common ones in Belgium. They’re usually referred to as ‘9-year contracts’ even though their length can be anywhere between 3 and 9 years or even without a specified length.

Unless you or your landlord terminate your lease before its expiry date, it will automatically be extended to 3 more years under the same conditions. You can then terminate it every 3 years without fees, with prior notice of 6 months. In Flanders, the tenant is allowed to give a 3 months’ termination notice, while in Brussels and Wallonia you must cancel your contract at least 6 months before its end date..

You can terminate a 9-year contract (or any long-term rental agreement) prematurely without a reason as long as you give a 3 months' notice. However, if you end your long-term lease within the first 3 years, you must pay a penalty fee of:

• 3 months' rent if the contract is terminated in the 1st year
• 2 months' rent if the contract is terminated in the 2d year
• 1 month's rent if the contract is terminated in the 3d year

On the other hand, your landlord has to give you 6 months' notice if they want to terminate your lease. And they can only terminate your lease if:

• your landlord or their family member(s) will move into the property
• after at least 3 years, they intend to carry out reconstruction, transformation or renovation work

Alternatively, after at least 3 years, your landlord can terminate your lease without a reason by paying a compensation of:

• 9 months’ rent if they cancel the contract at the end of the 3d year
• 6 months’ rent if they cancel the contract at the end of the 6th year

In most cases, your landlord will request a rental guarantee to compensate them in case their property gets damaged. You’ve to pay the specified sum after signing your rental contract and before you move in.

Your landlord can’t ask you to pay more than 3 months' rent as a rental guarantee in Belgium.

You can pay your rental security deposit in Belgium in 2 ways:

1. Pay 2 months’ rent to a ‘blocked bank account’.

You open an account in your name, specifically for guarantee purposes. The money and any interest earned are locked until the end of your lease. The funds can only be released upon the agreement of you and your landlord and after inspecting the property and paying any fees, if required.

This service is offered by certain Belgian banks as well as the Belgian Ministry of Finance.

2. Pay 3 months’ rent via a bank guarantee

If you aren’t able to pay the whole deposit in one payment, you can sometimes choose to pay an amount equal to 3 months’ rent in instalments over a period of a maximum of 3 years to your bank. In that case, the bank becomes the guarantor on your behalf. This method is pretty uncommon as this might make your landlord doubt your solvency.

Always check your contract regarding the preferred method of security deposit.

Never pay your deposit in cash or to the landlord’s bank account directly.

Normally, you should get your deposit back within 1 month of moving out.

For your rental agreement to be legally binding, your landlord must register it with the registration office within 2 months of your lease. If they fail to do so, you’re free to cancel your contract at any time without fees. And while that might sound tempting, it also works the other way around.

So, to avoid being evicted out of blue, you should always make sure your contract is registered.

To officially terminate your rental contract you must send it in writing by post, preferably as a registered letter. Keep in mind the notice period specific to your type of contract.

The notice period always begins on the 1st day of the following month after your landlord recieves the letter. For example, if you send the letter on November 8th, your notice period starts on December 1st. To be safe, always send your letter a couple of days in advance.

Landlord obligations

Once your contract is registered, your landlord is legally obliged to:

• deliver the property in a good state of repair
• make all necessary repairs, except those due to the tenant’s negligence
• notify the tenant if they plan to visit the premises

Tenant obligations

Next to having certain tenant rights in Belgium, you also have the following obligations:

• pay a security deposit
• pay the rent in full and on time
• use the property with due care
• take responsibility for any damage, unless it’s outside of your control
• return the property in good condition at the end of the lease (if mentioned in the contract, you might have to reseal holes, paint the walls back to the initial colour etc.)

The tenant is responsible for general cleaning and any minor repairs from the damage they’ve caused. Unless your contract states otherwise, you also have to take care of all the plumbing issues, broken windows or tiles.

If there’s a major problem, you must notify your landlord as soon as possible. The best way to do that is by sending a registered letter.

The landlord must carry out any major repairs, especially if they are caused by wear, tear or defects.

Your landlord can increase your rent annually according to the Belgian consumer price index (CPI). Your rent is then calculated by the following formula:

Old rental price x New CPI / Old CPI (as of the start date of your rental agreement)

You can also use an online calculator to calculate your new rent!

Belgian laws are quite tenant-friendly and evicting someone isn’t an easy process. To legally evict you, your landlord must take the matter to court and the process might take up to 1 year. What’s more, the court often only looks at the cases when the tenant hasn’t paid rent for at least 3 months.

It’s illegal to sublet a whole property in Belgium. It’s however possible to sublet a room with written permission from your landlord.

Are you a student participating in a student exchange programme or doing an internship abroad? Then you’re legally allowed to sublet your room without written permission.

Sometimes things don’t go according to plan. If you’ve got a disagreement with your landlord, you can head to your local or regional tenants’ association (syndicats de locataires/ huurdersbond) for advice.

This article is for informational purposes only and you cannot derive any legal rights from this. Please consult the appropriate authorities for the latest developments.