Yes, a written lease is mandatory for residential tenancies
A written lease has been mandatory for all residential tenancies in Belgium since 2007. This includes primary residence, student housing, and shared housing leases. While a verbal lease is technically valid, it severely restricts the landlord’s rights and cannot be registered. Either party can force the other to sign a written lease.
The obligation to put residential leases in writing was introduced by the Law of 26 April 2007, modifying Article 1bis of the Residential Lease Act. This law aimed to improve legal certainty for both landlords and tenants by ensuring all essential terms are documented.
Each party can compel the other to sign a written lease at any time during the tenancy. If one party refuses, the other can petition the Justice of the Peace to order the drafting of a written lease. The court will determine the lease terms based on the actual rental situation.
Creating a lease online is the most efficient way to fulfil this obligation.
What must be included in a written lease
Every written lease in Belgium must contain the following elements:
- Identity of the parties: full name, address, national register number
- Property description: address, type, surface area, number of rooms
- Lease duration: start date, end date, type of lease (9-year, short-term, etc.)
- Rent amount: monthly rent, charges (flat-rate or actual), payment method
- Rental deposit: amount, type of account
- Intended use: primary residence, student housing, commercial
- EPC certificate: energy performance rating (mandatory annex)
- Regional annexes: vary by region
BailBelgique generates a complete written lease that includes all mandatory elements for your specific region. The guided form ensures nothing is missed, and the lease can be signed electronically and registered in one workflow.
Consequences of not having a written lease
A verbal lease (or no lease at all) creates significant problems:
| Issue | Consequence for landlord | Consequence for tenant |
|---|---|---|
| No registration possible | Cannot register on MyRent | Reduced protection against property sale |
| No rent indexation | Cannot increase rent annually | Rent stays at initial amount |
| Tenant can leave anytime | No notice period or compensation | Maximum flexibility |
| Proof difficulties | Hard to prove agreed terms | Hard to prove agreed terms |
| No mandatory annexes | Missing legal protections | Missing information on rights |
The landlord suffers the most from the absence of a written lease. Without a written document, it is impossible to register the lease, which means no indexation, no enforceability against third parties, and no protection in case of property sale.
If you are currently renting without a written lease, either party can demand one at any time. The Justice of the Peace can order the drafting of a written lease based on the actual rental situation. Do not continue without a written lease — the risks for both parties are significant.
Regional specifics
Brussels-Capital Region
The Brussels Housing Code reinforces the written lease obligation and specifies additional mandatory clauses for the Brussels region. Brussels requires a specific regional information annex on tenants’ and landlords’ rights.
Wallonia
The Walloon Residential Lease Decree requires a written lease with specific Walloon mandatory clauses. An explanatory guide on rights and obligations must be attached as an annex. Wallonia provides a model lease on its website.
Flanders
The Flemish Housing Rental Decree requires the most comprehensive written lease, including mandatory clauses on maintenance obligations, an information annex, and references to the Flemish Housing Quality Decree. A Dutch-language lease is required in Flanders.
Law of 26 April 2007 — Mandatory written lease for residential tenancies. Regional housing decrees reinforce and expand this obligation with region-specific requirements.