What is a shared housing lease?
A shared housing lease is a type of rental agreement in which several tenants jointly rent a property to use as their main residence. Unlike a standard lease with a single tenant, it involves:
- Multiple tenants who sign together.
- A solidarity clause that is generally included.
- Rules for communal living that need to be organised.
- A co-tenancy pact that is recommended (mandatory in Wallonia).
Shared housing makes it possible to split costs and access more spacious or better-located properties.
Legal framework by region
Since the regionalisation of 2014, residential leases fall under the authority of the region where the property is located:
Wallonia
Decree of 15 March 2018. Co-tenancy pact mandatory. Deposit capped at 2 months. Notice period of 2 months for individual departure, solidarity limited to 6 months.
Details: shared housing lease Wallonia.
Brussels
Ordinance of 2017. Pact recommended (not mandatory). Deposit capped at 3 months. Bilingualism FR/NL.
Details: shared housing lease Brussels.
Flanders
Flemish Housing Rental Decree since 2019. More flexible rules on shared housing, deposit of 3 months, strict rules on replacement.
Co-tenancy pact
The co-tenancy pact is a document appended to the lease that governs the internal relationships:
- Distribution of rent and charges.
- Rules for common areas.
- Procedure if a co-tenant leaves.
- Terms for replacement.
- Inventory of personal and shared belongings.
In Wallonia, this pact has been mandatory since 2018. In Brussels and Flanders, it is strongly recommended.
Solidarity clause
The solidarity clause means that each co-tenant is jointly and severally liable for all obligations: payment of rent, charges, and rental damage.
- If one co-tenant fails to pay, the others can be pursued for the full amount.
- Co-tenants remain jointly liable towards the landlord until the end of the lease.
- A departing co-tenant may remain liable after leaving, depending on regional rules.
The pact governs internal distribution, but does not release anyone from liability towards the landlord without written agreement.
Rental deposit
| Region | Maximum deposit |
|---|---|
| Wallonia | 2 months |
| Brussels | 3 months |
| Flanders | 3 months |
The deposit is often paid collectively. Its internal distribution is negotiated through the pact. Blocked account in the name of the co-tenants.
Rent and charges
The rent can be paid collectively (a single payment) or separately by each co-tenant (requires the landlord’s agreement).
Distribution is often proportional to the surface area or in equal parts. The pact sets this allocation key. Common charges follow the same logic.
Lease amendment
A lease amendment is required to:
- Add a new co-tenant.
- Remove a co-tenant (with the landlord’s consent).
- Modify the rent or an essential clause.
The signatures of the landlord and all co-tenants are required. Replacing a co-tenant typically involves an amendment.
Termination and departure
A co-tenant wants to leave
- Wallonia: 2 months’ notice, solidarity for 6 months maximum.
- Brussels: standard 3 months’ notice.
- Flanders: 3 months’ notice, replacement required.
Collective termination
All co-tenants can end the lease together, with 3 months’ notice and a degressive compensation during the first 3 years.
Termination by the landlord
6 months’ notice at triennial intervals, legal grounds required.
Details: terminating a shared housing lease.
Different types of leases
| Type | Duration | Features |
|---|---|---|
| Shared housing lease | Flexible (often 3, 6, 9 years) | Solidarity clause |
| Residential lease | 9 years | Single tenant |
| Student lease | 10–12 months | Short duration |
| Commercial lease | 9 years minimum | Federal |
The shared housing lease follows the rules of the residential lease, adapted for multiple tenants.
Special case: owner-occupant
In a shared housing arrangement with an owner-occupant, the owner lives in part of the property and sublets the rest. This arrangement is similar to a furnished room contract:
- Daily direct interaction.
- House rules negotiated in person.
- Fewer protections for the tenant in some cases.
- Often shorter notice periods.