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My flatmate left: I'm stuck paying alone

Thomas, 25, finds himself paying 950 EUR in rent in Brussels alone after his flatmate's sudden departure. Joint liability clause, remedies and negotiation with the landlord.

EH By Edouard Hennin 5 min read
EHThe context
WhoThomas, 25, junior worker in a shared flat in Ixelles (Brussels)WhatHis flatmate Hugo leaves the flat overnight, leaving him alone with a 950 EUR rent and a joint liability clauseWhereIxelles, Brussels-Capital Region

February 2025 — the departure

My name is Thomas, I am 25 years old and I work as a junior developer at a startup in Brussels. Since September 2024, I had been sharing a 2-bedroom flat in Ixelles with Hugo, a university friend. Total rent: 950 EUR, i.e. 475 EUR each, charges included. A good deal for the neighbourhood.

On 1 February 2025, Hugo told me he was moving in with his girlfriend in Ghent. “I’m leaving on 10 February.” Ten days’ warning for a permanent departure. No discussion, no offer to find a replacement.

On 10 February, Hugo collected his belongings. On the 11th, the flat was half empty and I was alone facing a 950 EUR rent — nearly half of my net salary of 2,100 EUR.

The joint liability clause

My first instinct was to re-read our shared housing lease. And there it was, a cold shower. Article 7, in small print:

“The flatmates are jointly and severally liable for payment of the full rent and charges.”

In plain terms: even though Hugo has left, I remain liable for 100% of the rent in the landlord’s eyes. The landlord can claim the full 950 EUR from me. That is the principle of joint liability: the landlord chooses whom to ask, and it is up to the remaining flatmate to pursue the other.

Classic trap

The joint liability clause is present in the vast majority of shared housing leases in Belgium. It survives the flatmate’s departure — Hugo theoretically remains bound as long as the lease runs, even if he no longer lives there. But in practice, it is you who must pay and then chase after the money.

We had not signed a flatmate agreement. No written rules on notice between flatmates, no replacement procedure. A major mistake.

Mid-February — managing the crisis

On 15 February, I paid the full 950 EUR to avoid a default. My priority was not to be at fault vis-a-vis the landlord. I dipped into my savings.

Two actions in parallel:

1. Informing the landlord. I called Mr Berger, our landlord, that same day. He was understanding: “Find a new flatmate within 2 months and we’ll draft a lease amendment.” He agreed not to start proceedings as long as the rent was paid.

2. Formal notice to Hugo. On 22 February, I sent a registered letter to Hugo claiming:

  • Reimbursement of his share of the February rent (475 EUR)
  • Payment of his share of the March rent (475 EUR)
  • Compliance with the 3-month notice period set out in the lease

Hugo replied by text: “I can’t afford it right now, we’ll see later.” I kept the text as evidence.

Practical advice

Even if your flatmate is a friend, use a registered letter. A text or WhatsApp message has limited evidentiary value before the justice of the peace. The registered letter proves the date and content of your request.

March 2025 — finding a replacement

I posted an ad on Immoweb, Facebook (Brussels flat-sharing groups) and Kotplanet. Within 10 days, I received 22 applications.

Selection criteria: net income above 1,500 EUR, stable employment or student with guarantor, non-smoker (lease condition). I arranged viewings for 6 people over 2 evenings.

I chose Maxime, 27, an engineer on a permanent contract. I presented his file to Mr Berger, who accepted after checking his payslips (net income of 2,600 EUR, i.e. more than 2.5 times his share of the rent).

On 1 April, we signed a lease amendment replacing Hugo with Maxime. Hugo’s rental guarantee was returned to him after deduction of his share of unpaid charges, and Maxime deposited his on the blocked account.

Recovering Hugo’s money

Hugo owed me 950 EUR (his share of February and March). After the registered letter went unanswered and several email reminders, I filed a claim at the justice of the peace in Ixelles in April 2025.

The judge ruled in June: Hugo was ordered to reimburse me the 950 EUR plus the registered letter costs (8.50 EUR). No additional damages because I did not have a flatmate agreement providing for an internal notice period.

Hugo paid in 2 instalments, in July and August. Case closed.

To fully understand your rights regarding rent sharing and each flatmate’s obligations, reading the lease is essential.

What I learned

Seven weeks of stress for a situation that could have been prevented by a single document. Here are my lessons:

  1. Sign a flatmate agreement. This is a separate document from the lease, between flatmates only. It covers: notice of departure (minimum 2 months), the obligation to find a replacement, sharing of common charges, house rules. Without it, you have no framework in case of departure.

  2. Negotiate the joint liability clause. In Brussels, since the 2018 ordinance on shared housing, each flatmate can terminate their part of the lease with 3 months’ notice. But joint liability can survive departure if the lease provides for it. Ask for a clause limiting joint liability to 3 months after effective departure.

  3. Build a safety reserve. I had 1,200 EUR in savings when Hugo left. Without it, I would have defaulted on payment from the first month. Plan for at least 2 months’ total rent in reserve.

  4. The landlord is often an ally. Mr Berger could have demanded immediate payment and refused any arrangement. By informing him early and proposing a plan (find a replacement within 2 months), I obtained his cooperation. Transparency pays off.

If you are in shared housing, take the time to structure your lease properly. See our guide on leases and our other tenant testimonies to avoid unpleasant surprises.

Final result
The outcome
Crisis duration
7 weeks
Monthly rent (total)
950 EUR
Thomas's share before
475 EUR
Amount recovered from Hugo
950 EUR (2 months)
Outcome
New flatmate + lease amendment
EH
Advice fromEdouard
What I would do again — and what I would avoid
  • **Read your shared housing lease BEFORE signing, not when the problem arises.** The joint liability clause makes you responsible for the full rent if a flatmate leaves. If it is included, negotiate its removal or time-limit it.
  • **Insist on a separate flatmate agreement.** This document between flatmates sets out the rules for departure, internal notice period, the search for a replacement and the sharing of charges. Without it, you have no easy recourse between flatmates.
  • **Inform the landlord immediately.** Silence makes everything worse. A landlord informed early is more willing to cooperate (accept a new flatmate, adapt the lease) than one presented with a fait accompli.
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Edouard
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Week-by-week timeline

1 Feb. 2025
Hugo announces his departure -- 10 days' notice
10 Feb.
Hugo leaves the flat
15 Feb.
Thomas pays the full rent -- 950 EUR
22 Feb.
Formal notice to Hugo by registered letter
Mid-March
New flatmate found -- viewing and agreement
1 April
Lease amendment signed with landlord

Frequently asked questions

  • Yes, if the lease contains a joint and several liability clause, each flatmate is liable for the full rent. The landlord can claim 100% from any one of the flatmates. You must then pursue the departed flatmate to recover their share.

  • The notice period is governed by the lease. In a Brussels shared housing lease, the departing flatmate must generally respect a 3-month notice period unless otherwise agreed. A departure without notice constitutes a wrongful breach entitling you to damages.

  • Send a formal notice by registered letter. If the flatmate does not pay, you can summon them before the justice of the peace to recover their share of the rent, charges and possible damages for departure without notice. Keep all proof of your payments.

  • The landlord has a right to vet the new flatmate (creditworthiness, references) but cannot refuse in an abusive or discriminatory manner. If the lease requires prior approval, present a solid candidate with a complete file.

About the author
Edouard Hennin
Real estate expert since 2018, Edouard supports Belgian landlords and tenants through their rental processes. He oversees the writing of every guide in collaboration with the legal team and ensures all content reflects current legislation in Brussels, Wallonia and Flanders.
See all articles by Edouard →
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