The 15 essential clauses of a good lease in Belgium
The 15 essential clauses of a lease in Belgium. Mandatory, recommended and prohibited clauses, with concrete examples for landlords and tenants.
Mandatory clauses: the foundation of the lease
A main residence lease in Belgium must contain a minimum of clauses to be legally valid. The absence of these mentions can render the lease null or, more commonly, expose the parties to costly disputes.
In practice, a lease that is too short or too vague is as dangerous as an overly complex lease filled with illegal clauses. The aim is a clear, balanced contract that complies with regional legislation.
Since the regionalisation of tenancy law, the main residence lease must be in writing. An oral lease is valid but does not protect the parties: the tenant is presumed to have a 9-year lease on the most favourable terms.
Clause 1: Identity of the parties
Full names, addresses and national register numbers of the landlord and tenant. In the case of co-ownership, the building manager is not a party to the lease.
Clause 2: Description of the property
Full address, floor, surface area, number of rooms, annexes (cellar, garage, garden), accessible common areas. The more precise the description, the fewer disputes there will be.
Clause 3: Intended use of the property
The lease must state that the property is intended as the tenant’s main residence. This determines the applicable legal regime (enhanced tenant protection).
Clause 4: Lease duration
The main residence lease is 9 years by default. If a shorter or longer duration is planned, it must be explicitly stated. Short-term leases (max 3 years) and long-term leases (over 9 years) have specific rules.
Clause 5: Effective date
The date on which the tenant can enter the premises. This does not necessarily correspond to the date of signing the lease.
Clause 6: Rent amount
The monthly rent excluding charges, the due date (generally the 1st of the month) and the payment method (bank transfer).
Clause 7: Charge amount
Fixed charges or provisions on actual charges, with the monthly amount. For a complete guide on charge settlements, consult our dedicated article.
Recommended clauses: securing the lease
Clause 8: The rental guarantee
Amount (2 or 3 months depending on the region), payment terms (blocked account) and conditions for release at the end of the lease.
Clause 9: Rent indexation
The clause providing for annual indexation based on the health index. Without this clause, the landlord cannot index. With this clause, indexation takes effect on the anniversary date of the lease.
Clause 10: Allocation of repairs
Regardless of the legal framework, it is useful to specify in the lease what falls to each party. This avoids discussions during the tenancy.
| Repair | Responsibility |
|---|---|
| Roof, facade, structure | Landlord |
| Boiler: replacement | Landlord |
| Boiler: annual service | Tenant |
| Minor repairs from use | Tenant |
| Replacement of supplied appliances | Landlord |
| Garden maintenance | Tenant (if lease provides for it) |
Clause 11: Insurance
The lease should specify the tenant’s obligation to take out tenant liability insurance (fire, water damage). The landlord cannot impose a specific insurer.
Clause 12: Tenant’s works
Conditions under which the tenant can carry out fitting-out works (paint, shelves, kitchen). Specify whether the tenant must restore the property at the end or whether improvements remain.
Clause 13: Pets
Whether pets are allowed or prohibited must be clearly stated. In the absence of a clause, pets are generally admitted.
Clause 14: Subletting
The conditions under which subletting is authorised or prohibited. Without a clause, subletting is in principle prohibited without the landlord’s consent. For more information, consult our subletting guide.
Clause 15: Termination and notice
Although the deadlines are set by law, it is useful to restate them in the lease to avoid confusion. State the notice periods for tenant and landlord, any compensation and the landlord’s grounds for notice.
Prohibited clauses: to banish from the lease
Clauses that contravene mandatory provisions of the law are automatically null and void. The tenant can ignore them and the judge sets them aside without affecting the rest of the lease.
The following clauses are illegal in a main residence lease in Belgium:
- Open access clause: the landlord cannot reserve the right to enter the property at any time
- Automatic termination clause: the lease cannot provide for automatic termination in the event of late payment. Only the judge can terminate the lease
- Excessive penalty clause: disproportionate flat-rate late payment penalties are null
- Imposed insurer clause: the tenant freely chooses their insurer
- Waiver of rights clause: the tenant cannot waive their minimum rights (notice, guarantee, property inventory)
- Anti-association clause: the tenant cannot be prevented from joining a tenants’ association
- Discriminatory clause: any clause based on a protected criterion is null
To properly select a tenant without discriminatory clauses, consult our guide.
Mandatory annexes
In addition to the lease, several documents must be annexed to the contract:
The property inventory
Mandatory in Brussels and Wallonia, very strongly recommended in Flanders. It must be carried out jointly and detail the condition of each room. Our guide on the property inventory explains the method.
The EPC certificate
The landlord must provide the EPC certificate (Energy Performance Certificate) to the tenant before signing the lease.
Regional annexes
Each region requires specific annexes:
- Brussels: indicative reference rent grid, information on the composition of the rent
- Wallonia: explanatory annex on the rights and obligations of the parties
- Flanders: informative annex on the Woninghuurdecreet
Drafting tips
For landlords
- Use a lease template that complies with your region (not a generic template downloaded from the internet)
- Have the lease reviewed by a professional if it is your first rental
- Be precise about charges and the allocation of repairs
- Do not insert illegal clauses: they are null and give a bad impression
For tenants
- Read every clause before signing, including the small print
- Ask for explanations on clauses you do not understand
- Refuse to sign if clauses seem abusive
- Keep a signed original of the lease and all annexes
With BailBelgique, you can create a lease online compliant with the legislation of your region. The template includes the 15 essential clauses, the mandatory annexes and the option for electronic signature. No more wondering whether your lease is complete.
For an overview of rental management, discover our tools dedicated to landlords.
Frequently asked questions
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The mandatory clauses are: identity of the parties, description of the property, rent and charge amounts, lease duration, effective date, and the property's intended use (main residence). In addition, the lease must be accompanied by mandatory annexes: property inventory, EPC certificate, and depending on the region, the co-ownership rules.
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The following are automatically null and void: clauses requiring the tenant to take out insurance with a specified company, clauses preventing the tenant from joining a tenants' association, clauses authorising the landlord to enter the property without consent, clauses imposing excessive flat-rate penalties for late payment, or clauses waiving the tenant's minimum rights under the law.
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Yes, by an amendment signed by both parties. The amendment must be in writing and specify the modified clauses. It cannot remove the tenant's minimum legal rights. The amendment must be registered if the modification concerns the rent or duration.
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An illegal clause is automatically null and void: it is deemed never to have existed, without affecting the validity of the rest of the lease. The tenant can invoke the nullity before the justice of the peace. It is advisable to report the clause to the landlord in writing and request an amendment to remove it.
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