Fundamental rights of a co-tenant
By signing a shared housing lease, each co-tenant acquires individual rights protected by Belgian primary residence lease legislation.
Right to occupy the dwelling: each co-tenant has a right of occupation over their private room and the shared spaces defined in the lease. This right is personal and may only be withdrawn by court order.
Quiet enjoyment: the co-tenant is entitled to the quiet enjoyment of the dwelling, both vis-a-vis the landlord and the other co-tenants. The landlord may not disturb this enjoyment through unannounced visits, non-urgent works without notice or unilateral changes to the lease.
Right to receive visitors: each co-tenant may receive people in the dwelling. This right follows from quiet enjoyment and respect for private life. The co-tenancy agreement may, however, regulate extended stays or frequent overnight guests to preserve the balance of the shared household.
Right to a decent dwelling: the dwelling must meet the regional habitability and safety standards (Brussels Housing Code, Walloon Sustainable Housing Code, Flemish Housing Code). The co-tenant may require the dwelling to be brought into compliance.
Maintenance obligation and tenant repairs
Each co-tenant is required to maintain the dwelling as a prudent occupier. In shared housing, this obligation is collective for common areas and individual for private rooms.
Tenant repairs: minor maintenance and tenant repairs are the co-tenants’ responsibility. These include replacing seals, maintaining taps, unblocking drains and routine upkeep of walls and floors.
Major repairs: structural repairs, boiler replacement, roof repairs and electrical compliance work remain the landlord’s responsibility. Co-tenants must report deterioration requiring the landlord’s intervention within a reasonable time.
Damage: each co-tenant is liable for damage they cause. Where damage to common areas has no identifiable author, the joint liability clause may hold all co-tenants responsible vis-a-vis the landlord. The co-tenancy agreement can organise the internal allocation of these costs.
Insurance: it is strongly recommended that each co-tenant take out tenant civil liability insurance, or that a common policy covers the entire shared household.
Co-ownership regulations and good neighbourliness
When the shared housing is in a co-owned building, the co-tenants must comply with the co-ownership regulations. This document typically imposes rules on noise, quiet hours, use of common building areas and parking.
The landlord is required to provide the co-ownership regulations to the co-tenants before signing the lease. The co-tenants are bound by them in the same way as the owner.
Neighbourhood disturbances: co-tenants must avoid any excessive neighbourhood disturbance. Nocturnal noise, repeated parties or odour nuisances may lead to complaints from neighbours and, as a last resort, action by the landlord or the property manager.
Within the shared household itself, mutual respect is equally important. The co-tenancy agreement may set out rules for communal living: quiet hours, use of shared spaces, housekeeping, pets. These rules have no legal standing vis-a-vis the landlord but are binding between co-tenants.
Obligations towards the landlord
Co-tenants have specific obligations towards the landlord, beyond the upkeep of the property.
Payment of rent and charges: this is the primary obligation. Where a joint liability clause applies, each co-tenant is liable for the full rent. The allocation of charges between co-tenants concerns only their internal relationship.
Compliant use: the dwelling must be used in accordance with its designation (primary residence). Any commercial activity, unauthorised subletting or change of use is prohibited unless the landlord gives written consent.
Keeping the landlord informed: co-tenants must inform the landlord of any damage, significant deterioration or change of circumstances affecting the lease. The departure of a co-tenant must be notified following the procedure set out in the lease.
Returning the property: at the end of the lease, co-tenants must return the dwelling in the condition described in the entry property inspection, subject to normal wear and tear. The exit inspection is contradictory.
Balancing rights and duties in shared housing
Shared housing depends on a balance between each co-tenant’s individual rights and their collective obligations towards the landlord and other occupants.
Three documents are essential to safeguard this balance:
- The shared housing lease: it sets out the legal obligations towards the landlord, the joint liability clause and departure conditions. See our shared housing lease template.
- The co-tenancy agreement: it governs communal living between co-tenants without involving the landlord.
- The co-ownership regulations: they are binding on all occupants of the building.
In case of conflict between co-tenants, the co-tenancy agreement serves as the reference. In case of conflict with the landlord, the lease and regional legislation prevail. The justice of the peace has jurisdiction over tenancy disputes in Belgium.
See also: terminating a shared housing lease.