What is a power of attorney for signing a lease?

A power of attorney is a legal act by which one person (the principal) authorises another person (the authorised representative) to act on their behalf. In the context of a lease, the power of attorney allows the representative to sign the rental contract in place of the absent landlord or tenant.

Belgian law distinguishes two types of power of attorney:

  • General power of attorney: authorises the representative to carry out all acts of ordinary administration. It is rarely used for a lease because it is too broad.
  • Special power of attorney: authorises the representative to carry out a specific act (here, signing a particular lease). This is the recommended and most secure form.

For a lease, a special power of attorney is always preferred. It clearly delimits the representative’s powers and protects the principal against any overstepping.

When to use a power of attorney for a lease

Signing by power of attorney is useful in several common situations:

  • Absent landlord: the owner lives abroad or cannot travel on the signing day.
  • Company owner: when the property belongs to a company, a representative or authorised person signs on behalf of the legal entity.
  • Temporary unavailability: illness, business travel, scheduling conflict on the agreed day.
  • Third-party management: a property manager or estate agent signs on behalf of the owner.

A power of attorney is not necessary if the lease is signed by electronic signature: each party signs remotely, without need of a representative.

Form and mandatory details

To be valid, a power of attorney for signing a lease must meet several conditions:

Written form

The power of attorney must be in writing and signed by the principal. A handwritten or typed document is accepted. Notarisation is not required for a residential lease.

Mandatory details

The power of attorney must contain at minimum:

  • Identity of the principal: full name, address, national register number.
  • Identity of the representative: same details.
  • Specific object: signing the lease for the property at [exact address].
  • Scope of powers: can the representative negotiate rent, accept changes, sign annexes?
  • Duration of validity: the power of attorney may be limited in time.
  • Date and signature of the principal.

Copy attached to the lease

A copy of the power of attorney must be annexed to the signed lease. The representative signs the lease stating they act “under power of attorney”. The original is kept by the principal.

Risks and limitations

Signing by power of attorney carries risks that should be anticipated:

  • Exceeding powers: if the representative signs clauses not covered by the power of attorney, the principal may challenge their validity. However, a tenant acting in good faith is protected.
  • Too vague a power of attorney: a general or imprecise power of attorney is a source of disputes. It is essential to draft a detailed special power of attorney.
  • Revocation: the principal may revoke the power of attorney at any time before signing. The representative must be informed.
  • Representative’s liability: the representative is liable if they exceed the limits of the power of attorney.

In case of doubt about the validity of a power of attorney, the tenant may require written confirmation from the principal or request postponing the signing. For pre-signing checks: what to check before signing a lease.