Yes, the solidarity clause can be removed by mutual agreement
The solidarity clause can be removed from a lease through a written addendum signed by all parties (landlord and all co-tenants). This clause is not legally mandatory — it is a contractual provision that the landlord is free to include or remove. However, the landlord has no obligation to accept the removal.
The solidarity clause (clause de solidarite / hoofdelijkheidsclausule) means each co-tenant is liable for the full rent, not just their individual share. Removing it changes the nature of each co-tenant’s financial responsibility.
For the landlord, the solidarity clause is an important guarantee: it ensures that rent will be paid in full even if one co-tenant defaults. Landlords therefore often resist its removal.
How to proceed with removal
To remove the solidarity clause from an existing lease:
- All co-tenants must agree to request the removal
- Draft an addendum specifying the removal of the solidarity clause
- Obtain the landlord’s written consent (the landlord can refuse)
- Sign the addendum — all parties must sign
- Register the addendum with the SPF Finances (same obligation as the original lease)
The addendum should clearly state:
- Which clause is being removed
- The new liability arrangement (proportional shares)
- The effective date of the change
- Each co-tenant’s specific share of the rent
BailBelgique allows you to generate a lease addendum including or excluding the solidarity clause, with automatic calculation of each co-tenant’s share.
Consequences of removing the solidarity clause
| Aspect | With solidarity clause | Without solidarity clause |
|---|---|---|
| Rent liability | Each co-tenant liable for 100% | Each co-tenant liable for their share only |
| Default by one tenant | Others must cover the deficit | Landlord bears the loss |
| Landlord’s security | Strong | Reduced |
| Co-tenant departure | Remaining tenants still liable for full rent | Only their own share |
Removing the solidarity clause significantly reduces the landlord’s security. In practice, a landlord may agree to the removal only if:
- A higher security deposit is provided
- The remaining co-tenants have strong financial profiles
- A departing co-tenant is being replaced by a new one who signs a fresh addendum
Regional specifics
Brussels-Capital Region
The Brussels co-tenancy pact (pacte de colocation) introduced by the 2017 ordinance provides a framework for co-tenancy agreements. The solidarity clause must be expressly mentioned; it does not apply by default.
Walloon Region
The Walloon decree on residential leases allows solidarity clauses but requires them to be clearly stated in the lease. The duration of solidarity after a co-tenant’s departure may be limited.
Flemish Region
The Flemish Housing Rental Decree includes specific provisions for co-tenancy agreements. In Flanders, solidarity continues for up to 6 months after a co-tenant gives notice, unless the lease provides otherwise.
Belgian Civil Code, Art. 1197-1216 (solidarity between debtors) + Regional housing legislation for co-tenancy specifics.