The termination process depends on the lease structure
Ending a shared housing lease depends on how the lease is structured. With a single joint lease, all co-tenants must generally agree to terminate (unless an individual exit clause exists). With separate individual leases, each tenant can give notice independently following standard notice rules. Brussels has specific legislation facilitating individual departure from shared housing since 2018.
Shared housing (colocation) has become increasingly common in Belgium, and the legal framework has evolved to accommodate it. The key distinction is between a single lease signed by all co-tenants jointly, and separate individual leases for each tenant.
In a joint lease without specific clauses, all parties are bound by the same contract. This means one co-tenant cannot simply leave — they need either the agreement of all other parties, or a specific clause permitting individual exit. This is why a shared housing agreement is strongly recommended.
The ability to replace a co-tenant during the lease is another important consideration when planning for shared housing terminations.
Step-by-step termination process
For a joint lease with exit clause:
- Give written notice by registered letter to the landlord
- Respect the notice period (typically 3 months, may vary by clause)
- Find a replacement if required by the exit clause
- Conduct a partial inventory of the departing tenant’s room
- Settle financial obligations (share of charges, deposit)
For a joint lease without exit clause:
- Obtain agreement of all co-tenants and the landlord
- Draft an amendment to the lease removing the departing tenant
- Conduct a partial inventory and settle financial obligations
Create your shared housing lease via BailBelgique with a built-in individual exit clause. This protects all co-tenants by allowing individual departure without terminating the entire lease.
Joint lease vs separate leases: key differences
| Aspect | Joint lease | Separate leases |
|---|---|---|
| Termination | All co-tenants must agree (unless exit clause) | Each tenant terminates independently |
| Notice period | As per lease or regional law | Standard notice period per lease |
| Solidarity clause | All tenants liable for full rent | Each tenant liable only for their share |
| Deposit | Single deposit for all | Individual deposit per tenant |
| Replacement | Requires landlord consent | Landlord handles individually |
The solidarity clause is particularly important in shared housing. When present, each co-tenant is liable for the entire rent, not just their share. This means if one co-tenant leaves without proper procedure, the remaining tenants must cover the full rent.
Without a proper exit clause, leaving a joint lease unilaterally can expose you to liability for the remaining rent until the lease ends. Always negotiate an individual exit clause before signing a shared housing lease.
Regional specifics
Brussels-Capital Region
Brussels introduced specific shared housing legislation in 2018 via the Ordinance of 27 July 2017. A co-tenant can leave by giving 2 months’ notice and proposing a replacement. If the landlord refuses the replacement without valid reason, the departing tenant is released from obligations.
Wallonia
The Walloon Residential Lease Decree includes provisions for shared housing. A departing co-tenant must give 3 months’ notice and may propose a replacement. The remaining co-tenants and landlord must approve the replacement.
Flanders
The Flemish Housing Rental Decree allows a co-tenant to leave with 3 months’ notice in a shared housing arrangement. The departing tenant must propose a replacement approved by the remaining co-tenants and landlord.
Regional housing legislation governs shared housing termination. Brussels: Ordinance of 27 July 2017. Wallonia: Decree of 15 March 2018. Flanders: Decree of 9 November 2018. Federal Civil Code applies as a fallback.