The landlord must give the tenant an original lease copy
Yes, the landlord is legally obliged to provide the tenant with an original signed copy of the lease. Article 1325 of the former Civil Code requires as many originals as there are parties with a distinct interest. At minimum: one for the landlord, one for the tenant, and one for registration with the FPS Finance.
The requirement for multiple originals ensures each party can prove the existence and content of the contract independently. This is a fundamental principle of Belgian contract law that applies to all bilateral agreements, including residential leases.
If a lease is signed electronically, this requirement is automatically met since each party receives an identical digital copy with the same legal value as an original. The electronic signature guarantees the integrity of the document.
How many copies of the lease are needed
| Situation | Minimum copies required |
|---|---|
| 1 landlord + 1 tenant | 3 (1 per party + 1 for registration) |
| 1 landlord + 2 co-tenants | 4 |
| 2 co-owners + 1 tenant | 4 |
| With a real estate agent | +1 copy recommended |
Each copy must be a true original — not a photocopy. All copies must bear the original signatures of all parties. Every copy should mention the total number of originals produced (e.g. “Made in three originals”).
With electronic signing via BailBelgique, the question of multiple originals no longer arises. Every party automatically receives an identical digitally signed copy, and the registration copy is generated automatically.
What happens if the tenant does not receive a copy
If the landlord fails to provide the tenant with an original copy, several consequences arise:
- Proof difficulties — the tenant cannot prove the lease terms in case of dispute
- Registration issues — the tenant can register the lease themselves if they have a copy, but cannot if they do not
- Potential nullity — while rare, some judges have held that failure to respect Article 1325 affects the validity of the lease
- Bad faith presumption — a landlord who refuses to hand over a copy raises suspicion of unfair clauses
The tenant can formally request a copy by registered letter. If the landlord still refuses, the tenant may apply to the justice of the peace to compel delivery of the document.
Regional specifics
Brussels-Capital Region
The ordinance of 27 July 2017 reinforces the obligation to provide a written lease with mandatory annexes (including the regional annex on housing standards). The tenant must receive all these documents.
Walloon Region
The decree of 15 March 2018 requires a written lease containing mandatory clauses. The tenant is entitled to receive a complete copy including all annexes (energy performance certificate, inventory of fixtures).
Flemish Region
The Vlaams Woninghuurdecreet of 9 November 2018 imposes a written lease with specific mandatory content. The tenant must receive a copy within a reasonable timeframe after signing.
Former Civil Code, art. 1325 (requirement of multiple originals for bilateral agreements). Regional housing legislation reinforces the obligation for written leases with mandatory content.