Rights of the student tenant

The student lease provides specific protections adapted to academic life. Students benefit from the following:

Flexible termination right: the student may terminate the lease with 2 months’ notice in all three Belgian regions. This right is more flexible than under a standard lease. The student may also terminate before the lease starts if their enrolment falls through.

Right to decent housing: the room must comply with regional standards for safety, health, and habitability. The student may demand repairs if the accommodation fails to meet these standards.

Right to privacy: the landlord may not enter the accommodation without the student’s consent, except in emergencies (water damage, fire). Visits for reletting must be arranged in advance.

Registration of domicile: the student is not required to register their domicile at the student room. They may keep their domicile at their parents’ address. Domicile registration is not a condition of the student lease.

Student obligations

In return for these rights, the student must comply with several obligations:

  • Pay rent on the agreed date, including during holidays if the lease runs for 12 months.
  • Maintain the accommodation: routine cleaning, minor repairs (light bulbs, seals, door handles).
  • Comply with the house rules: noise levels, schedules, waste sorting, shared spaces.
  • Take out insurance: home insurance (fire, water damage) is often required by the lease.
  • Do not sublet without written consent from the landlord.
  • Return the accommodation in good condition at the end of the lease, normal wear and tear excepted.
  • Report significant damage to the landlord as soon as possible.

Failure to comply with these obligations may justify judicial termination of the lease by the landlord through the justice of the peace.

The parental guarantor

The vast majority of landlords require a guarantor (usually a parent) when signing a student lease. The guarantor commits to paying the rent and charges if the student fails to do so.

What the law provides:

  • A parental guarantee is not legally required.
  • If included, it must be documented in writing (a clause in the lease or a separate document).
  • The guarantor may limit their commitment in time (duration of the lease) and in amount.
  • The guarantor is jointly and severally liable: the landlord may approach the guarantor directly without first exhausting remedies against the student.

Tip: have the lease specify the exact limits of the guarantor’s commitment (maximum amount, duration, types of claims covered). A vague clause could expose the guarantor beyond what is reasonable.

In addition to the guarantee, a rental deposit (2 or 3 months’ rent depending on the region) is also required.

Landlord obligations

The landlord of a student room has strict legal obligations:

Deliver a compliant property: the accommodation must be in good condition, meeting regional standards for safety and health. In Flanders, a conformity certificate (conformiteitsattest) may be required.

Provide the EPC certificate: the Energy Performance Certificate must be annexed to the lease. Failure to provide it exposes the landlord to fines.

Carry out major repairs: roof, electrical installation, boiler, plumbing. The landlord cannot pass these costs on to the student.

Respect privacy: no entry without prior agreement, except in emergencies.

Register the lease: within 2 months via MyRent (free). Failure to register allows the student to leave without notice or compensation.

Return the rental deposit: within the legal time frame after the exit inventory, minus any deductions for damage.

In case of dispute

If a disagreement arises between the student and the landlord, several remedies exist:

  1. Direct dialogue: first attempt an amicable resolution in writing (email or letter).
  2. Mediation: municipal mediation services or the CPAS (public social welfare centre) can intervene free of charge.
  3. Justice of the peace: the justice of the peace where the property is located has jurisdiction over rental disputes. The procedure is quick and inexpensive.

The most common disputes involve the return of the rental deposit, the exit inventory, and repairs not carried out by the landlord.

For a compliant and secure student lease, use our online lease creator or consult the student lease hub.