Types of shared housing leases

In Belgium, shared housing can take two legal forms:

1. Single (collective) lease:

  • All co-tenants sign the same lease
  • Joint and several liability between co-tenants (each is responsible for the full rent)
  • Departure of one co-tenant does not end the lease
  • An addendum is needed to remove a co-tenant

2. Individual leases:

  • Each co-tenant has their own lease (for their room)
  • No joint liability between co-tenants
  • Each can terminate independently
  • Simpler but less common

Co-tenancy agreement: a supplementary document (not mandatory) that governs communal living, replacement of co-tenants, and allocation of charges. It does not replace the lease but complements it.

Departure of a co-tenant

Single lease with individual departure clause (most common):

  • Notice: 3 months (as for a standard lease)
  • The departing co-tenant sends a registered letter to the landlord
  • The remaining co-tenants continue the lease
  • A replacement may (or must, depending on the agreement) be found
  • An addendum formalises the change of parties

Single lease WITHOUT individual departure clause:

  • Termination by one co-tenant alone is theoretically impossible
  • Requires the agreement of ALL co-tenants and the landlord
  • In practice: amicable negotiation or addendum

Individual leases:

  • Each co-tenant may terminate their lease like a standard lease
  • No impact on the other co-tenants
  • Standard notice and compensation rules apply

Impact of the joint and several liability clause

The joint liability clause is the central issue in shared housing termination:

With joint liability:

  • The landlord may claim the entire rent from any single co-tenant
  • If one co-tenant leaves, the remaining ones must make up the shortfall
  • The departing co-tenant remains liable until the release addendum is signed
  • Tip: always insist on a release addendum signed by the landlord

Without joint liability:

  • Each co-tenant only owes their share
  • A co-tenant’s departure creates a rent “gap”
  • The landlord bears the risk of non-replacement
  • More favourable for the tenant, less for the landlord

Release from liability: the departing co-tenant is only released by:

  1. An addendum signed by the landlord and all co-tenants
  2. The effective arrival of a replacement accepted by the landlord
  3. A time limit set in the co-tenancy agreement (often 3-6 months)

Regional specificities

Brussels (2018 Ordinance):

  • Shared housing leases are specifically regulated
  • Individual departure possible with 2 months’ notice
  • The departing co-tenant may propose a replacement that the landlord cannot refuse without legitimate grounds
  • Joint liability capped at 6 months after departure (if no replacement)

Wallonia (2018 Decree):

  • The co-tenancy agreement is legally recognised
  • Individual departure with 3 months’ notice
  • The landlord may refuse a replacement for serious grounds

Flanders (Vlaams Woninghuurdecreet 2019):

  • Specific framework for shared housing (“medehuur”)
  • 3 months’ notice for individual departure
  • The decree provides replacement rules

On BailBelgique, our shared housing leases automatically include the co-tenancy agreement and individual departure clauses compliant with your region’s legislation.