In Belgium

Co-tenancy is an increasingly common living arrangement in Belgium, especially in major cities (Brussels, Liege, Ghent, Leuven). Regional legislation has gradually introduced specific legal frameworks.

Two models coexist:

  • Joint lease: all co-tenants sign the same contract. They are typically bound by a joint liability clause: each can be pursued for the full rent if one co-tenant defaults.
  • Individual leases: each co-tenant signs a separate lease for their room, with shared use of common areas.

In Wallonia, the housing decree (2018) provides a specific co-tenancy regime with simplified departure rules. In Brussels, the housing ordinance also regulates co-tenancy. In Flanders, the Woninghuurdecreet does not provide a specific regime — co-tenancy falls under common lease law.

How it works

Formation. The co-tenants and landlord agree on the type of lease. In parallel, co-tenants can sign a co-tenancy agreement distributing internal responsibilities.

Departure of a co-tenant. In a joint lease with joint liability, the departing co-tenant must find a replacement accepted by the landlord. In Wallonia, the housing decree provides a simplified procedure.

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Good to know
The co-tenancy agreement is a private document between co-tenants — it does not bind the landlord. However, it is essential to avoid conflicts over rent distribution, charges and household chores.

Practical example

Three friends — Lucie, Karim and Thibault — rent a house in Brussels for 1,500 EUR/month. They sign a joint lease with a joint liability clause. In parallel, they draft a co-tenancy agreement: each pays 500 EUR/month and replacement of a departing co-tenant must be approved by the other two.

Key considerations

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Warning
The joint liability clause survives the departure of the co-tenant as long as they are not formally discharged through a lease amendment. A co-tenant who leaves without this amendment remains legally liable for the rent.