Yes, a written lease is mandatory
A written lease is mandatory for all residential tenancies in Belgium since 2007. This includes primary residence, student, and shared housing leases. A verbal lease is technically valid but severely limits both parties’ rights. Either party can compel the other to sign a written lease at any time, including during an ongoing tenancy.
The written lease requirement was introduced by the Law of 26 April 2007 and has been reinforced by all three regional housing decrees. The goal is to ensure legal certainty for both landlords and tenants by documenting all essential terms of the rental relationship.
A lease can be written on paper or created digitally — there is no specific format requirement. An electronically signed lease has the same value as a paper document. A notarized lease is not required.
What the written lease must contain
Every residential lease must include:
- Full identity of all parties (landlord and tenant)
- Complete property description (address, type, surface area)
- Rent amount and charges (flat-rate or actual cost basis)
- Lease duration and type (9-year, short-term, student, shared housing)
- Rental deposit details (amount, account type)
- Intended use of the property
- EPC certificate (mandatory annex)
- Regional mandatory annexes (vary by region)
BailBelgique ensures your written lease contains all mandatory elements for your specific region. The platform generates the correct annexes and mandatory clauses automatically.
Consequences of not having a written lease
| Consequence | For landlord | For tenant |
|---|---|---|
| Registration | Cannot register on MyRent | Less protection against property sale |
| Rent indexation | Cannot index the rent | Rent stays at initial amount |
| Notice period | Tenant can leave without notice | No obligation to give notice |
| Evidence | Difficult to prove agreed terms | Difficult to prove agreed terms |
| Court disputes | Weakened position | Can claim 9-year lease protection |
Without a written document, proving the terms of the rental agreement becomes extremely difficult. In the absence of proof to the contrary, a court will apply the default legal rules, which generally favour the tenant.
If you are currently in a tenancy without a written lease, either party can demand one at any time. If the other party refuses, the Justice of the Peace can order the creation of a written lease. Do not continue without a written lease — create one online today.
Regional specifics
Brussels-Capital Region
The Brussels Housing Code requires a written lease with specific Brussels mandatory clauses and annexes. Brussels provides model lease forms on the regional housing website.
Wallonia
The Walloon Residential Lease Decree requires a written lease with Walloon-specific mandatory annexes including a tenant rights guide.
Flanders
The Flemish Housing Rental Decree requires a written lease in Dutch with the most comprehensive set of mandatory annexes.
Law of 26 April 2007 — Mandatory written lease. Regional housing decrees specify mandatory content and annexes. Belgian Civil Code — General contract law applies as fallback.