In Belgium

The amendment to the lease is the legal tool for modifying an ongoing rental contract without renegotiating it entirely. Any substantial modification (rent, duration, parties, purpose) must be the subject of a written amendment.

Common situations requiring an amendment:

  • Replacing a co-tenant in a co-tenancy
  • Modifying the rent following a triennial revision
  • Adding or removing a clause (subletting permission, pets)
  • Extending the lease beyond the original duration

The amendment must be registered with the FPS Finance, like the lease itself. For primary residence leases, registration is free.

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Warning
An amendment cannot be unilaterally imposed by the landlord or tenant. Both parties must give their agreement. If one party refuses, the original clause remains in force.

Practical example

Marc and Julie are co-tenants in Brussels. Julie moves out and Amelie replaces her. An amendment is drafted: it replaces Julie’s name with Amelie’s, updates the rental guarantee allocation and is signed by Marc, Amelie and the landlord. The amendment is registered online via MyMinfin.