The tenant can freely refuse electronic signature
Yes, the tenant may refuse electronic signature on a lease. No Belgian law forces any party to sign electronically. The eIDAS Regulation recognises the validity of electronic signatures but creates no obligation to use them. The landlord must offer a handwritten alternative.
The fundamental principle in contract law is freedom of consent. A signature is a manifestation of will that cannot be imposed in any particular form. The fact that electronic signatures are legal in Belgium does not mean they are mandatory.
In practice, a qualified electronic signature (via itsme or eID card) offers the same level of legal certainty as a handwritten signature. However, this technological convenience cannot be imposed unilaterally by the landlord.
Rights and obligations of the parties
| Aspect | Landlord | Tenant |
|---|---|---|
| Propose electronic signature | Yes | — |
| Refuse electronic signature | Yes | Yes |
| Require handwritten signature | Yes | Yes |
| Refuse to sign the lease | No (bad faith) | No (bad faith) |
Refusing electronic signature does not constitute grounds for breaking off negotiations. The landlord cannot make the conclusion of the lease conditional on accepting electronic signature, as this would constitute an unfair condition.
If the tenant refuses electronic signature, arrange an in-person meeting for handwritten signing. Prepare as many copies of the lease as there are signing parties, plus one for registration.
Alternatives to electronic signature
Three signature methods are legally valid in Belgium:
- Handwritten signature — the traditional method, each party physically signs every page of the lease
- Qualified electronic signature — via itsme or eID card, legally equivalent to a handwritten signature under the eIDAS Regulation
- Advanced electronic signature — intermediate level, valid but with lesser evidentiary weight
Handwritten signature = qualified electronic signature (eIDAS art. 25.2). Both have the same legal value and are accepted by the justice of the peace.
Regardless of the method chosen, the signed lease must then be registered within 2 months with the FPS Finance via MyRent.
Regional specifics
Brussels-Capital Region
The ordinance of 27 July 2017 does not prescribe any particular signature method. What matters is that both parties sign the lease and its annexes. The MyRent platform accepts both electronically and manually signed leases.
Walloon Region
The decree of 15 March 2018 requires a written lease but does not specify the signature method. Both forms are accepted for registration and before Walloon courts.
Flemish Region
The Vlaams Woninghuurdecreet of 9 November 2018 is neutral regarding the signature method. Flanders encourages digitalisation but does not impose it. The lease can be signed by hand or electronically.
Regulation (EU) No 910/2014 (eIDAS), art. 25 — Law of 21 July 2016 (Belgian electronic signature framework). A qualified electronic signature has the same legal value as a handwritten signature.