Landlords in Belgium are subject to a set of legal obligations defined by the Civil Code and regional housing lease legislation. Their main obligations are:

  • Deliver a compliant property: the dwelling must meet regional safety, health and habitability standards at the time of letting. In Wallonia, a rental permit is required for small dwellings and collective housing.
  • Guarantee peaceful enjoyment: the landlord may not disturb the tenant’s enjoyment nor allow third parties to do so. They may not enter the property without prior agreement.
  • Carry out major repairs: roof, structure, facade, outdated installations, compliance upgrades.
  • Comply with rent indexation rules: annual indexation is capped at the health index and may only be applied on the lease anniversary date.

Legal basis — In the Walloon Region, the decree of 15 March 2018 on housing leases sets the framework. In Flanders, it is the Flemish Housing Lease Decree of 2019. In Brussels, the ordinance of 27 July 2017 (Brussels Housing Code) applies.

The landlord must also provide the tenant with a valid EPC certificate and, in certain regions, a compliance certificate for electrical and gas installations.

The tenant has reciprocal obligations clearly defined by law:

  • Pay rent and charges: punctually, on the agreed dates and according to the terms set out in the lease. Non-payment constitutes grounds for lease termination.
  • Use the property responsibly: the tenant must respect the property’s designated use (residential) and not cause nuisance to neighbours. Subletting is prohibited unless the landlord provides written consent.
  • Maintain the property: the tenant is responsible for tenant repairs and routine maintenance (boiler, taps, seals, garden).
  • Report damage: any damage or incident must be reported to the landlord without delay to prevent worsening.
  • Return the property in good condition: at lease end, the property must be returned in the condition described in the entry inventory, minus normal wear and tear.

Good to know — The tenant has the right to refuse a rent increase outside the legal annual indexation, unless the landlord has carried out significant improvement works to the property (with prior agreement or a justice of the peace decision).

The tenant also benefits from a right to remain in the property: the landlord may only terminate the lease in the cases provided by law (personal occupation, major works, serious grounds, lease expiry with notice).

In case of breach by either party, several remedies are available:

Tenant remedies against the landlord:

  • Formal notice by registered mail demanding performance of obligations.
  • Application to the justice of the peace to obtain execution of works, a rent reduction or lease termination with damages.
  • In case of unhealthy housing, report to the regional housing inspection service (Housing Code).

Landlord remedies against the tenant:

  • Formal notice by registered mail for payment of arrears or cessation of misconduct.
  • Application to the justice of the peace to obtain payment, lease termination and/or eviction.
  • Deduction from the rental deposit (only with the tenant’s agreement or a court decision).

Warning — The express termination clause (automatic lease termination upon breach) is prohibited in residential leases in Belgium. Only a judge may pronounce lease termination, after assessing the seriousness of the breach.

In all cases, good faith and proportionality guide the judge’s assessment. An isolated payment delay generally does not justify lease termination, whereas persistent arrears of three months or more constitute serious grounds.