The Flemish legal framework
Since 1 January 2019, Flanders has its own Vlaams Woninghuurdecreet (Flemish Housing Lease Decree). This decree governs all residential leases in Flanders and introduces notable specificities:
- Rental deposit: 3 months maximum (compared to 2 months in Brussels and Wallonia).
- Conformiteitsattest: conformity certificate issued by the municipality.
- Huurschatter: official rent estimation tool.
- Property inspection mandatory at entry and exit.
- EPC certificate mandatory.
For all lease templates: lease agreement templates.
Primary residence lease in Flanders
The primary residence lease in Flanders follows the Woninghuurdecreet. Default duration of 9 years.
Flemish specificities:
- Rental deposit: 3 months maximum.
- Mandatory annexes: property inspection, EPC, conformity certificate information.
- Indexation: health index, written notification required.
- Termination by landlord: legal reasons only (personal occupation, works, serious grounds), 6 months’ notice.
- Early termination compensation by tenant: 3 months (1st year), 2 months (2nd), 1 month (3rd).
Commercial lease in Flanders
The commercial lease remains governed by the federal law of 30 April 1951. Minimum duration of 9 years, renewable 3 times.
In Flanders, the specificities are:
- Flemish urban planning regulations (omgevingsvergunning).
- Strategic commercial zones with advantages.
- No rent grid (free market).
Student lease in Flanders
The Woninghuurdecreet specifically regulates the student lease (studentenhuurovereenkomst). This is the most detailed regime of the 3 regions.
Specificities:
- Maximum duration: 12 months, renewable.
- Early termination: the student can terminate with 2 months’ notice if ending studies, dropping out, or changing institution.
- Deposit: 2 months maximum (exception to the 3-month cap).
- Enrolment certificate is mandatory.
Short-term lease in Flanders
The short-term lease in Flanders is limited to 3 years maximum. Beyond that, automatic conversion to a 9-year lease.
Specificities:
- Maximum duration: 3 years (extensions included).
- Early termination by tenant: 3 months’ notice at any time.
- No early termination possible by the landlord.
- Renewal: one extension possible, without exceeding 3 years total.
Rental deposit in Flanders
In Flanders, the rental deposit is the highest of the 3 regions:
- Individual blocked account: 3 months’ rent maximum, in the tenant’s name.
- Bank guarantee: also 3 months maximum.
- OCMW: intervention possible for low-income tenants.
Exception: for a student lease, the deposit is capped at 2 months.
The deposit must be constituted before moving in.
Lease registration in Flanders
Registration is mandatory and free for a primary residence lease. The landlord must register within 2 months of signing.
Procedure: via MyRent on myminfin.be. For all templates: lease agreement templates.
To create a compliant lease in Flanders: create a lease online.
Frequently asked questions
Standard lease duration?
9 years by default. Short-term possible (max 3 years) if agreed in writing.
Deposit: how many months?
3 months maximum (2 months for student leases).
Does the Woninghuurdecreet apply to all leases?
To residential leases since 2019. Commercial leases remain federal.
Conformiteitsattest mandatory?
Recommended. Some municipalities require it before renting.
How to register?
Via MyRent on myminfin.be. Free and mandatory within 2 months.