Pro rata charge allocation on departure
When a co-tenant leaves, charges are split pro rata temporis — each co-tenant pays their share proportional to their actual occupation period. The landlord issues a final statement on the departure date. From that date, the remaining co-tenants assume the departing person’s share.
The charge allocation depends on the type of charges:
- Individual consumption (electricity, internet in their room): charged entirely to the departing co-tenant until departure
- Common charges (water, heating, communal electricity, cleaning): split equally among co-tenants present during each period
- Provisions paid in advance: the final statement calculates the balance owed or to be reimbursed
The co-tenancy agreement (pacte de colocation) should specify how charges are allocated to avoid disputes on departure.
Drawing up the final statement
| Element | Action |
|---|---|
| Meter readings | Take readings on the departure date |
| Common charges | Calculate the departing co-tenant’s share until that date |
| Individual charges | Finalise any outstanding individual bills |
| Provisions paid | Compare provisions paid vs actual charges consumed |
| Balance | Reimburse overpayment or collect underpayment |
The landlord should provide the final statement within 1 month of the departure date. Both parties should sign the statement to avoid future disputes.
Always take meter readings (water, gas, electricity) on the exact departure date. Without readings, allocation becomes approximate and can lead to disputes between co-tenants.
Solidarity clause complications
If the lease contains a solidarity clause (clause de solidarite), the departing co-tenant remains jointly liable for all charges (including rent) until formally released by the landlord.
This means:
- The departing co-tenant may be pursued for arrears of the remaining co-tenants
- Only a written release from the landlord can end this solidarity
- The co-tenancy agreement should address the process for release
Without a solidarity clause, the departing co-tenant is only liable for charges incurred during their occupation period.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 introduced a specific legal framework for co-tenancy (colocation). The co-tenancy pact is now a recognised legal document that can specify charge allocation rules.
Wallonia
The Decree of 15 March 2018 also provides a co-tenancy framework. The solidarity clause is limited to the co-tenant’s share plus one departing co-tenant’s share.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 includes specific co-tenancy provisions. The Flemish decree provides a structured replacement mechanism and limits the departing co-tenant’s liability.
Regional co-tenancy frameworks (Brussels Ordinance 2017, Walloon Decree 2018, Flemish Decree 2018). Civil Code, articles 1213-1216 (solidarity).