Belgium Rental Laws: Pro-landlord, Neutral or Pro-tenant?

Belgian landlord and tenant laws are judged by the Global Property Guide to be Pro-Tenant between landlord and tenant. Belgium is generally considered pro-tenant, especially in comparison to more landlord-friendly systems. Belgian housing law is designed to offer strong protections to tenants, ensuring housing stability, fair treatment, and regulated rent practices. That said, landlords still have rights and are protected from non-paying or abusive tenants. They can seek legal eviction if tenants breach the contract, and leases are enforceable through the courts.

Rents: Can landlord and tenant freely agree rents in Belgium?

The parties may freely agree on the rent. However rent increases above the rate of inflation cannot be written into the contract. In fact, the law provides that if the contract is in written form, the rent will automatically be adapted once a year in accordance with the cost of living.Your landlord can increase your rent annually according to the Belgian consumer price index (CPI). Your rent is then calculated by a strict formula.

Deposits

The maximum amount for the rental deposit is capped at two months’ rent. Additionally, personal guarantees, such as having a relative act as a guarantor, are no longer permitted to back the deposit, except in the case of student leases. The deposit can no longer be paid in cash or transferred directly to the landlord’s account. Instead, it must be secured using approved methods, which include being gradually established in a bank account in the tenant’s name, secured as a real guarantee in the tenant’s name with a financial institution, or provided as a bank guarantee through the Centre Public d’Action Sociale (CPAS).

Furthermore, the rental deposit must be returned within two months after the tenant has returned the keys. If the landlord fails to do so and there are no legal proceedings, the landlord will be liable for a penalty of 10% of the rent per month.

What rights do landlords and tenants have in Belgium, especially as to duration of contract, and eviction?

Contracts are always for a definite duration. Durations of nine years or less than three years are the main options provided by law, though more than nine years is possible. If the lease is silent as to duration, nine years is imposed.

When the lease is for nine years, the landlord can terminate the lease:

• By notice six months before the end of the first three-year period, identifying a family member who will occupy the property;
• In view of reconstruction, at the expiration of a three-year period, with strong proof of important work;
• At the end of three year period, without a reason, but paying nine or six months' rent compensation, depending on whether the contract comes to an end at the expiration of the first or second three-year period (notice period: six months).

The tenant may put an end to the lease at any time, by means of three months' notice, and the payment of compensation of three, to, or one month of rent, depending on whether the lease comes to an end in the course of the first, second or third year of lease.

Where the lease is for three years or less, it can only be renewed a single time, and on condition that the total duration does not exceed three years. If at the duration fixed by agreement the tenant remains, the lease will be deemed to have been concluded ab initio for nine years. Notice period: three months.

How effective is the Belgian legal system?

The Justice of the Peace handles tenancy law, though by contract, the parties can opt for arbitration.

Legislation updates

In March 2024, the Brussels Parliament approved a revised ordinance that amends the Brussels Housing Code. This new legislation focuses on three key areas: habitability, legal security of occupancy, and tenants’ payment capacity. The updated provisions came into effect on 1 November 2024. While some of these changes apply directly to existing leases, others are only applicable to new or renewed rental agreements signed after the ordinance was enacted. The Expat Welcome Desk outlines the main changes below.