You can cohabit without a shared lease but it is risky
Yes, you can legally cohabit without a shared housing lease. However, the non-signatory occupant has no rights under the lease, no protection against eviction, and no standing to make claims against the landlord. For proper legal protection, both occupants should be named on the lease as co-tenants or a shared housing lease should be signed.
Belgian law does not prevent someone from living in a property without being named on the lease. Many couples and roommates live together with only one person on the lease. This is technically lawful, but it creates a precarious situation for the unnamed occupant.
The named tenant is the only person with a contractual relationship with the landlord. The co-occupant is merely tolerated and has no enforceable rights. If the relationship between the co-occupants breaks down, or if the named tenant leaves, the co-occupant may find themselves without housing and without legal recourse.
Risks of cohabiting without being on the lease
| Risk | Named tenant | Unnamed co-occupant |
|---|---|---|
| Lease termination rights | Yes | None |
| Protection against eviction | Yes | None |
| Right to remain after breakup | Yes | No (must leave) |
| Liability for rent | Yes (to landlord) | None (to landlord) |
| Rental deposit recovery | Yes | None |
| Right to request repairs | Yes | None |
Specific risks for the unnamed co-occupant:
- If the named tenant terminates the lease, the co-occupant must leave
- If the named tenant dies, the co-occupant has no automatic right to continue the lease (except for legally cohabiting partners in some regions)
- The landlord has no obligation toward the unnamed co-occupant
- The co-occupant cannot register their domicile at the address in some municipalities without the landlord’s agreement
If you are moving in with someone, ensure you are named on the lease — either as a co-tenant on the existing lease (via addendum) or on a new shared housing lease. This is the only way to guarantee your rights as an occupant.
Better alternatives for co-occupants
Three options provide proper legal protection:
- Shared housing lease (bail de colocation) — a lease specifically designed for multiple tenants, with a colocation pact governing the relationship between co-tenants
- Addendum to existing lease — adding the co-occupant as a tenant via a written addendum signed by all parties
- New lease with both names — terminating the existing lease and signing a new one with both occupants as tenants
Each option has advantages:
- The shared housing lease is ideal for roommates, with provisions for tenant rotation
- The addendum is simplest when adding a partner to an existing lease
- The new lease allows renegotiation of all terms but resets the 9-year period
In all cases, the landlord’s agreement is required. The landlord cannot be forced to accept a new tenant or co-tenant.
Regional specifics
Brussels-Capital Region
The ordinance of 27 July 2017 provides a specific framework for colocation in Brussels. The colocation pact is recognised as a supplementary document to the lease. Brussels also provides that the surviving legal cohabitant may continue the lease.
Walloon Region
The decree of 15 March 2018 includes provisions for colocation. Wallonia recognises the colocation pact and provides for tenant substitution mechanisms. The decree also protects surviving spouses and legal cohabitants.
Flemish Region
The Vlaams Woninghuurdecreet of 9 November 2018 contains detailed colocation provisions. Flanders allows co-tenants to propose replacements with limited landlord veto. The decree also addresses the situation of surviving partners.
Regional housing legislation on colocation (Brussels ordinance 2017, Walloon decree 2018, Flemish decree 2018). Civil Code provisions on lease contracts. Each region provides a specific colocation framework.