In Belgium

The tenant is the party to the lease who obtains the enjoyment of a property in exchange for paying rent. Belgian law distinguishes the tenant according to the type of lease concluded.

The primary residence tenant benefits from the most extensive protection. Regional legislation guarantees:

  • The right to peaceful enjoyment of the dwelling throughout the lease
  • Protection against eviction (eviction requires a decision from the justice of the peace)
  • The right to leave an unregistered lease without notice or compensation
  • Protection of the rental guarantee on a blocked account

In return, the tenant has obligations: pay rent punctually, maintain the property, report damage and return the dwelling in good condition at the end of the lease.

How it works

Entry. The tenant participates in the entry inventory of fixtures, constitutes their rental guarantee and receives the keys.

During the lease. The tenant pays rent and charges on the set due dates. They are responsible for routine maintenance: replacing seals, boiler maintenance, unblocking drains.

End of lease. The tenant can give notice with 3 months’ notice at any time (9-year lease). During the first 3 years, a decreasing compensation is due.

i
Good to know
The tenant can always terminate a primary residence lease with 3 months’ notice. If they leave during the first 3 years, a decreasing compensation applies: 3 months’ rent in year 1, 2 months in year 2, 1 month in year 3. After that, no compensation is due.

Practical example

Clara, a student in Louvain-la-Neuve, signs a one-year student lease for a room at 450 EUR/month. She constitutes a rental guarantee of 900 EUR (2 months) on a blocked account. At the end of the academic year, the exit inventory reveals a stain on the wall. Clara and her landlord agree on a deduction of 80 EUR.

Key considerations

Subletting. The tenant cannot sublet the property without the landlord’s written consent.

i
Warning
The tenant can never refuse access to the landlord for urgent or necessary works. However, the landlord must respect reasonable notice and agree on a time with the tenant, except in case of absolute emergency.

Insurance. The tenant is strongly advised to take out fire insurance covering their rental liability. In Wallonia and Brussels, this is mandatory.