A verbal lease is valid but severely limited
A verbal lease is technically valid between the parties — the rental agreement exists. However, it severely limits both parties’ rights: no registration possible, no rent indexation, and the tenant can leave without notice. Since 2007, a written lease is mandatory and either party can compel the other to sign one.
Under Belgian civil law, a rental agreement is a consensual contract — it is formed by the mere agreement of the parties, without requiring a specific form. This means a verbal agreement to rent a property at a certain price is legally binding between the landlord and tenant.
However, the practical consequences of not having a written lease are so severe that a verbal lease is effectively unworkable for both parties. The Law of 26 April 2007 made written leases mandatory precisely because verbal agreements created too many disputes and legal uncertainties.
How to formalize a verbal lease
If you are currently renting under a verbal agreement, here is how to create a written lease:
- Agree with the other party to formalize the arrangement in writing
- Document the existing terms: rent amount, start date, property description
- Create a written lease via BailBelgique or another platform
- Include all mandatory clauses required by regional legislation
- Sign the lease (both parties)
- Register the lease on MyRent
If the other party refuses:
- Either party can petition the Justice of the Peace to order the creation of a written lease
- The court will determine the terms based on the actual rental situation
- The court may order both parties to sign the written lease
BailBelgique can help you formalize a verbal lease into a fully compliant written document. Simply enter the existing terms and the platform generates a complete lease with all mandatory clauses.
Rights lost without a written lease
| Right | With written + registered lease | With verbal lease |
|---|---|---|
| Rent indexation | Available | Not available |
| Lease registration | Possible | Not possible |
| Enforceability against third parties | Yes | No |
| Notice period requirements | Apply | Tenant exempt |
| Protection against property sale | Full (if registered) | Very limited |
| Evidence in court | Strong | Burden of proof on claimant |
| Rental deposit protection | Blocked account | No formal protection |
The landlord is the party most disadvantaged by a verbal lease. They cannot index the rent, cannot enforce notice periods, and have no protection if the property is sold. The tenant, while also disadvantaged in terms of evidence, gains significant flexibility.
If you are a landlord with a verbal lease, you are at significant legal risk. The tenant can leave at any time without notice or compensation, and you have no way to index the rent or prove the agreed terms in court. Formalize the lease in writing immediately — the tenant cannot refuse this request, and if they do, the court will order it.
Regional specifics
Brussels-Capital Region
The Brussels Housing Code requires a written lease and provides that in the absence of a written document, the default 9-year lease terms apply. The tenant is presumed to have a primary residence lease with all associated protections.
Wallonia
The Walloon Residential Lease Decree similarly requires a written lease. Without one, the default rules apply in favour of the tenant. Walloon courts can order the creation of a written lease at either party’s request.
Flanders
The Flemish Housing Rental Decree mandates a written lease and provides the strongest consequences for non-compliance. In Flanders, the written lease must also be in Dutch.
Belgian Civil Code — Consensual nature of rental contracts. Law of 26 April 2007 — Mandatory written lease for residential tenancies. Regional housing legislation reinforces the written requirement and provides default rules in its absence.