Renting a home in Flanders: the Flemish Residential Tenancy Decree

Which leases does the decree cover?

The decree applies to the rental of a home that you use as your main residence from the start of the lease, with the landlord’s express or tacit consent. A clause saying the home may not be used as a main residence is in principle deemed unwritten. If the home is a second home or holiday accommodation, other rules apply.

Leases signed before 1 January 2019 remain under the federal lease law. It differs on points such as the deposit (2 months instead of 3) and charges. Always check the date your lease was signed. A separate chapter of the decree covers student leases where the home is not the student’s main residence.

In Brussels and Wallonia, each Region has its own rules: see renting a home in Brussels.

The lease

The decree requires a written lease. It must state at least the identity of all parties (with national register number), the start date, the exact length, the rooms rented, the rent, the arrangements for charges and a reference to the explanatory brochure of Wonen in Vlaanderen. A landlord may only ask you for documents needed to check that you can meet your obligations.

Any public notice of a home offered for rent must state at least the rent asked and the amount of the charges. The municipality can impose an administrative fine of 50 to 350 euros for a breach.

Fees for an intermediary may not be passed on to the tenant, unless the tenant commissioned that intermediary.

How long does the lease run?

• Default: 9 years. This also applies when the lease states no term, or a term between 3 and 9 years.
• Short term: 3 years or less. The lease may be extended once in writing, as long as the total does not exceed 3 years. If notice is not given in time (3 months before the end date), it becomes a 9-year lease.
• More than 9 years or for life. Rare; the brochure states that such a lease is signed before a notary.

The decree also sets the notice rules. The tenant can always leave with 3 months’ notice, paying compensation of 3, 2 or 1 month’s rent if the lease ends in the first, second or third year. The landlord must give 6 months’ notice and may end the lease early to live in the home personally, for major renovation works, or without a reason at set times, each time under strict conditions. More in our guide on ending a lease.

Registration, inventory and deposit

• Registration. The landlord must register the lease within 2 months of signing. For a home used only as a dwelling, this is free. As long as the lease is not registered, the tenant can leave without notice and without compensation. See lease registration.
• Inventory of fixtures. Compulsory, drawn up jointly and at shared cost, no later than during the first month of the lease. See the inventory of fixtures.
• Rental deposit. At most 3 months’ rent, on a blocked account in the tenant’s name or in one of the other permitted forms. See the rental deposit.

Rent, indexation and charges

The rent is fixed for the whole lease. It can only change through annual indexation, a review at certain times, or after energy-saving investments. Indexation is not automatic: the landlord must request it in writing. See rent indexation.

For charges, the decree provides that the landlord pays the property withholding tax (onroerende voorheffing) and that costs linked to the use of the home fall on the tenant. A Flemish order contains a non-exhaustive list of costs and who bears them. The tenant pays the actual costs, unless a fixed amount was agreed, and may ask for the supporting documents.

Condition of the home and repairs

The landlord must hand over the home in good condition. It must be compliant, meaning it has no category II or III defects. A conformity certificate issued within three months before the lease starts creates a presumption that the home is in order. A lease for a non-compliant home is void, except for a renovation lease where the tenant carries out the works. See the conformity certificate.

The tenant is responsible for maintenance, minor repairs and repairs caused by misuse. Everything else, including wear due to age, falls on the landlord. Details in repairs: tenant or landlord.

Insurance and subletting

Both tenant and landlord must insure their liability for fire and water damage. The tenant may not sublet the whole home, but may sublet part of it with the landlord’s consent. Assigning the lease requires prior written consent. If the home is sold, the new owner must honour the existing lease, with the same notice conditions as the previous landlord.

Disputes

The Justice of the Peace (vrederechter) of the place where the home is located has jurisdiction, whatever the amount. The judge first tries to reconcile the parties. Neither tenant nor landlord can end the lease on their own for non-payment or another breach: only the Justice of the Peace can dissolve it. An eviction can only be carried out one month after the judgment is served, except in the cases set by the decree.

Which professional to consult

• The housing office of your municipality (woonloket) and the private rental helpdesk of Wonen in Vlaanderen answer questions on the rental rules.
• A tenants’ organisation or a landlords’ organisation gives legal advice to its members.
• A lawyer (including through free first-line legal aid) or the Justice of the Peace in a dispute.
• An estate agent or surveyor can draw up the inventory. See estate agent and surveyor.