No obligation to find a replacement
Yes, a co-tenant can leave without finding a replacement. Belgian law does not require a co-tenant to provide a substitute before departing. The co-tenant gives 3 months’ notice individually. However, with a solidarity clause, they remain jointly liable for the full rent until the landlord formally releases them.
The co-tenant’s right to leave follows the standard termination rules:
- Send a registered letter giving 3 months’ notice
- Pay rent for the notice period
- Pay any applicable early termination compensation
- Complete the exit inventory for the departing co-tenant’s room
The critical issue is the solidarity clause — if present, it creates ongoing liability even after departure.
The solidarity clause problem
If the lease contains a solidarity clause (clause de solidarite):
| Situation | Consequence |
|---|---|
| Co-tenant leaves, no release | Remains liable for full rent |
| Landlord signs release | Co-tenant is freed from obligations |
| Remaining co-tenants stop paying | Departed co-tenant can be pursued |
| New co-tenant joins (with landlord’s agreement) | May release departing co-tenant |
If you are leaving a shared tenancy with a solidarity clause, insist on a written release from the landlord before departure. Without it, you remain liable for the full rent — not just your share — until the lease ends entirely.
Without a solidarity clause, the departing co-tenant is only liable for their own share of rent and charges during their occupation period.
Regional co-tenancy frameworks
All three Belgian regions have introduced specific co-tenancy legislation:
- Co-tenancy pact (pacte de colocation): a legally recognised document that specifies rules for departures, replacements, and charge allocation
- Replacement mechanism: some regions provide a structured process for finding and approving replacements
- Limited solidarity: regional rules may limit the scope and duration of solidarity obligations
The co-tenancy pact is strongly recommended — it prevents most disputes by clearly defining the rules for departures.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 provides a specific co-tenancy framework. The departing co-tenant must give 3 months’ notice. The co-tenancy pact can specify replacement procedures. Solidarity is limited to the departing co-tenant’s share plus the share of one other co-tenant.
Wallonia
The Decree of 15 March 2018 introduced co-tenancy rules similar to Brussels. The solidarity clause is limited in scope to protect departing co-tenants.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 provides the most detailed co-tenancy framework, including a structured replacement mechanism. The departing co-tenant can propose a replacement, and if the landlord refuses without valid reason, the departing co-tenant is released from solidarity.
Regional co-tenancy frameworks (Brussels Ordinance 2017, Walloon Decree 2018, Flemish Decree 2018). Civil Code, articles 1213-1216 (solidarity).