With a joint liability clause: all pay for one
If the lease contains a joint liability clause, the landlord can demand payment of the full rent from any co-tenant, even if only one is in default. This is the principle of joint and several liability under Articles 1310 to 1319 of the Civil Code.
The joint liability clause is the most common arrangement in shared housing. Its consequences are significant:
| Situation | Consequence for co-tenants |
|---|---|
| One co-tenant does not pay | The landlord claims from one or all others |
| Two co-tenants do not pay | The landlord claims from the remaining co-tenant(s) |
| The defaulting co-tenant leaves | The remaining tenants pay their share as long as the lease runs |
| The lease is terminated for non-payment | All co-tenants are evicted |
The landlord does not have to divide their claim. They can choose to claim the full rent from the most solvent co-tenant. This is the main risk of joint and several shared tenancy.
Recourse against the defaulting co-tenant
The co-tenant who has paid the defaulter’s share has a subrogatory right of action (Article 1346 of the Civil Code). They can claim in court reimbursement of the amount advanced, plus interest. The shared housing agreement can facilitate this recourse by specifying each person’s share.
The practical steps:
- Formal notice: send a registered letter to the defaulting co-tenant claiming their share
- Reasonable deadline: allow 15 days to regularise
- Conciliation: attempt mediation through the justice of the peace
- Court action: if the defaulter does not pay, apply to the justice of the peace for reimbursement
The shared housing agreement plays an essential role here: if it clearly sets out the distribution of charges, it constitutes direct evidence of each person’s share before the court.
Joint liability survives the co-tenant’s departure. Even after leaving the property, a co-tenant remains jointly liable for the rent until an addendum to the lease formally releases them. The shared housing agreement should address this situation.
Without a joint liability clause: each pays only their share
In the absence of a joint liability clause in the lease, the rental debt is joint (not several): each co-tenant is only liable for their own share. The landlord must then take separate action against each defaulting co-tenant.
| With joint liability | Without joint liability |
|---|---|
| The landlord claims all from one | The landlord claims each person’s share separately |
| A single payment covers everyone | Each pays individually |
| High risk for co-tenants | High risk for the landlord |
| Standard clause in most leases | Rare in practice |
This is why virtually all shared leases contain a joint liability clause. The landlord has every interest in requiring it to secure rent payment.
For co-tenants, joint liability represents a real financial risk. It is therefore essential to choose co-tenants carefully and to draft a solid shared housing agreement providing internal recourse mechanisms.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 provides that the Brussels shared lease must state each co-tenant’s share of the rent. Joint liability must be expressly stipulated in the lease. A departing co-tenant can be released from joint liability if a replacement is accepted by the landlord.
Walloon Region
The decree of 15 March 2018 governs shared housing and provides a departure mechanism: a co-tenant leaving the lease is released from joint liability once a solvent replacement is found, with the landlord’s consent.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 provides a specific shared housing regime. A departing co-tenant is released from joint liability when a replacement signs the lease. The landlord cannot refuse a replacement without a reasonable ground.
Articles 1310 to 1319 of the Belgian Civil Code — Joint and several liability. Brussels ordinance of 27/07/2017, Walloon decree of 15/03/2018, Flemish Housing Rental Decree of 09/11/2018.