Each co-tenant is liable for the full rent
The solidarity clause (clause de solidarite / hoofdelijkheidsclausule) means each co-tenant is responsible for 100% of the rent and charges, not just their individual share. If one co-tenant defaults, the landlord can claim the full amount from any other co-tenant. This clause is not mandatory but is very common in Belgian co-tenancy leases.
Without a solidarity clause, each co-tenant is only liable for their proportional share of the rent. The solidarity clause provides the landlord with a much stronger guarantee of payment, which is why most landlords insist on including it.
The clause must be expressly included in the lease — solidarity between debtors is not presumed under Belgian civil law (Article 1202 of the former Civil Code).
How it works in practice
| Scenario | With solidarity clause | Without solidarity clause |
|---|---|---|
| 3 co-tenants, each pays 1/3 | Landlord can claim 3/3 from any one | Landlord can only claim 1/3 from each |
| One co-tenant stops paying | Others must cover the full rent | Landlord loses that tenant’s share |
| One co-tenant leaves | Remaining tenants still liable for full rent | Only liable for their own shares |
| Deposit claim | Each co-tenant liable for full deposit | Each liable for their share only |
The solidarity clause is particularly important in co-tenancy situations where tenants may change over time. It protects the landlord against the risk of partial vacancy.
Example: in a co-tenancy of 3 people sharing 1,200 EUR rent, if one co-tenant stops paying their 400 EUR share, the landlord can demand the full 1,200 EUR from either of the remaining two co-tenants.
BailBelgique includes a configurable solidarity clause in its co-tenancy lease template, with clear explanations for each co-tenant. You can also remove the clause by addendum.
Duration and scope
The solidarity clause typically covers:
- Rent and charges: the primary obligation
- Damage to the property: each co-tenant is liable for the full cost of repairs
- Obligations under the lease: maintenance, compliance with house rules, etc.
A key question is how long solidarity continues after a co-tenant leaves:
- During the lease: solidarity applies as long as the lease is in force
- After departure: the co-tenancy pact or the lease may limit solidarity to a fixed period after departure (e.g., 6 months)
- After the lease ends: solidarity covers all obligations until the deposit is released and all accounts are settled
A co-tenant who has left the property may still be liable under the solidarity clause if it has not been formally released. Always request a written addendum releasing the departing co-tenant from solidarity.
Regional specifics
Brussels-Capital Region
The Brussels co-tenancy pact (introduced by the 2017 ordinance) provides a framework for organising solidarity between co-tenants. The solidarity clause must be expressly mentioned; it does not apply by default. Solidarity after departure is typically limited.
Walloon Region
The Walloon decree on residential leases allows solidarity clauses but requires them to be clearly stated. The co-tenancy pact framework is available to organise the internal relationship between co-tenants.
Flemish Region
The Flemish Housing Rental Decree provides specific provisions for co-tenancy. In Flanders, solidarity continues for up to 6 months after a co-tenant gives notice, unless the lease provides otherwise.
Belgian Civil Code, Art. 1197-1216 (solidarity between debtors) + Regional housing legislation for co-tenancy specifics.