The Primary Residence Lease: Your Rights as a Tenant
Types of Lease
| Type | Duration | Your Notice Period | Departure Compensation |
|---|---|---|---|
| 9 years (default) | 9 years | 3 months | Degressive (3→2→1→0 months) |
| Short-term | 1 to 3 years | Not possible (unless clause) | 1 month if clause |
| Student | Max 12 months | Specific conditions | According to contract |
| Shared tenancy | Variable | According to co-tenancy pact | According to pact |
Your Fundamental Rights
- Peaceful enjoyment — the landlord cannot enter your home without your consent (except in emergencies)
- Decent housing — the property must comply with regional habitability standards
- Repairs — major repairs are the landlord's responsibility (roof, boiler, structure)
- No discrimination — the landlord cannot refuse you based on prohibited criteria
- Free registration — registration costs are borne by the landlord
- Regulated indexation — rent can only be indexed once a year, according to a legal formula
Tenant's Notice (9-year lease)
You can leave at any time with 3 months' notice:
| Year of Departure | Notice | Compensation to Pay |
|---|---|---|
| 1st year | 3 months | 3 months' rent |
| 2nd year | 3 months | 2 months' rent |
| 3rd year | 3 months | 1 month's rent |
| From the 4th year | 3 months | None |
When Can the Landlord Give You Notice?
The landlord can only terminate in limited cases:
| Reason | Notice | Compensation for You |
|---|---|---|
| Personal occupation | 6 months | None (after 3 years) / 9-18 months (before) |
| Major works | 6 months (end of triennial) | None |
| Without reason | 6 months (end of triennial) | 9 months (end of 1st) / 6 months (end of 2nd) |
Lease Registration
| Aspect | What You Need to Know |
|---|---|
| Who must register? | The landlord (it's their obligation) |
| Cost for you | Free |
| Deadline | 2 months after signing |
| If not registered | You can leave without notice or compensation |
| Where to check | MyMinfin |
Rent Indexation
Your rent can be indexed once a year, on the anniversary date of the lease:
- The formula is set by law: Base rent × New health index / Starting index
- The landlord must request it in writing (not automatic)
- No retroactive effect (except for the last 3 months)
- If the lease is not registered, no indexation is possible
EPC Restrictions (historical — energy crisis 2022-2023)
During the energy crisis, all three regions limited indexation for poorly insulated properties (Oct 2022 — Oct/Nov 2023). These restrictions no longer apply to leases signed after October 2022. Since Selectio only manages recent leases, full indexation is permitted regardless of the EPC rating.
Rental Guarantee
| Region | Maximum (all forms) |
|---|---|
| Brussels | 2 months' rent (since Nov. 2024) |
| Wallonia | 2 months (blocked account) or 3 months (bank guarantee) |
| Flanders | 3 months' rent (all forms) |
Repairs: Who Pays What?
| Landlord's Responsibility | Tenant's Responsibility |
|---|---|
| Roof, structure, facade | Routine maintenance (seals, light bulbs) |
| Boiler (replacement) | Boiler (annual maintenance) |
| Electrical/gas installations | Small repairs (handles, locks) |
| Structural dampness | Drain unblocking (normal use) |
| Glazing (except breakage by tenant) | Garden (maintenance) |
What to Do in Case of Problems?
The landlord won't make repairs
- Report in writing (email or registered mail) with photos
- Give a reasonable deadline (2 to 4 weeks)
- Contact the housing service of your municipality
- Request a habitability inspection (free):
- Brussels: DIRL
- Wallonia: Municipal housing service
- Flanders: Woninghuur Vlaanderen
The landlord wants to increase rent beyond indexation
This is prohibited during the lease term (unless both parties agree in writing for improvement works).
You are a victim of discrimination
Contact Unia (Interfederal Centre for Equal Opportunities) — free service.
Regional Specificities
BBrussels
- Student lease and shared tenancy regulated since 2018
- Indicative rent grid: loyers.brussels
- Brussels Housing Code
WWallonia
- Walloon Decree of 15 March 2018
- SPW Housing: Wallonia — Renting a property
- Regulated shared tenancy
VFlanders
- Flemish Housing Rental Decree
- Rental guarantee max 3 months
- Quality standards
Official Links
- Belgium.be — Housing and Rental — Federal legal framework
- Brussels Housing — All Brussels rules
- Wallonia — Renting a property — Walloon framework
- Woninghuur Vlaanderen — Flemish framework
- Unia — Housing Discrimination — Your remedies
- Loyers.brussels — Check your indexation
Selectio provides you with a compliant lease, clear explanations of your rights, and support at every step of your move-in. Learn more →