Type "Belgian lease template" into Google: you get hundreds of free documents, sometimes generic, sometimes based on outdated legislation, almost always incomplete on the points that really matter. Landlords who use them often discover their limits at the worst time, when things turn sour. Here is what to check before signing.
Three distinct sets of legislation, three different pitfalls
The first error, and the most widespread, is to forget that there is no single Belgian lease law. Since regionalisation, there are in Belgium three distinct sets of lease legislation depending on the region where the property is located:
| Region | Entry into force | Major update |
|---|---|---|
| Brussels | 1 January 2018 | 1 November 2024 |
| Wallonia | 1 September 2018 | |
| Flanders | 1 January 2019 |
Even before evaluating the content of a downloaded lease, three minimum checks are required:
1. Check that the site is Belgian (.be), not French (.fr)
How many landlords mistakenly believe, for example, that it is not possible to evict a tenant between November and March, when the winter eviction truce does not apply in Belgium nor in the Brussels-Capital Region? Yet in France, it does, and French templates perpetuate this confusion.
2. Check that the lease does not date back several years
Regional sets of legislation have each evolved. A lease "downloaded a few years ago" may no longer match the legal framework in force. Always check the date of the template and compare it with the update dates of the regional legislation concerned.
3. Check the type of lease corresponding to your situation
Principal residence lease, ordinary law lease (secondary residence), student lease, co-tenancy lease: these are distinct regimes, with different mandatory rules. A principal residence lease cannot be transformed into an ordinary law lease by simply adding a clause.
The critical clauses that free leases (almost) always forget
Beyond choosing the right template, certain critical clauses must be verified individually. Here are the four points most often deficient in free leases.
The joint liability clause: the most often forgotten
In Walloon and Brussels law, joint liability is not presumed: it must be expressly stipulated in the contract. If the lease does not contain a joint liability clause, the landlord can only claim from each tenant their individual share, half if there are two parties, a quarter if there are four, which can prove catastrophic if one of them becomes insolvent.
A standard wording:
"The tenants are jointly and indivisibly liable for the payment of rent, charges, and any indemnity due under this lease."
Always check the presence of this clause in any lease signed with multiple tenants, or in co-tenancy.
The personal occupancy clause: leave yourself a way out
Several free leases propose by default a clause by which the landlord waives the right to terminate for personal occupancy. This waiver is definitive and may prove regrettable several years later, for example if you wish to recover the property for a child finishing their studies.
Three possible drafts:
- Option A, Keep the right without restriction: the lease may be terminated by the landlord for personal occupancy under the legal conditions
- Option B, Keep the right with restrictions: the lease may be terminated by the landlord for personal occupancy under the following more restrictive written conditions (to be specified)
- Option C, Waiver: the landlord waives the right to terminate for personal occupancy
Always check which of these three options appears in your lease, this choice can bind you for up to 9 years.
The indexation clause: do not waive by default
Some lease templates propose: "The landlord may waive annual indexation." This is rarely in your interest. Indexation is a protection against the monetary erosion of rent, especially in a context of high inflation such as the one Belgium experienced in 2022-2023.
This waiver clause may be legitimate in certain specific cases (high initial rent, negotiated counterpart), but it should never be accepted by default. A simple absence of this clause is enough to preserve your rights to indexation.
The maintenance clause: misunderstanding this clause is risky
Many free leases contain a laconic maintenance clause:
"The tenant is obliged to carry out minor maintenance and rental repairs that are not caused by wear and tear or force majeure."
This wording leaves too much room for interpretation. What are "rental repairs" exactly? What is "wear and tear"? In the event of a dispute over damage, you are vulnerable.
Better-drafted leases detail precisely:
- Which maintenance operations are the tenant's responsibility (joints, filters, taps, interior paintwork, etc.)
- Which operations are the landlord's responsibility (roof, structure, heating, etc.)
- The procedures for recording damage
The more detailed it is, the fewer discussions there will be at the end of the lease.
The "professional" clause: a tax trap often ignored
If your lease concerns a dwelling, your lease must in principle forbid the tenant from using the property for professional activity. Why? Because the taxation of rents changes radically if the property is used professionally, even partially.
Two alternative standard clauses:
Option A - Strict prohibition
"The landlord does not authorise the tenant to use any part of the rented property for a professional activity, nor to deduct, in any capacity, the rents and charges from their income. In case of breach, the tenant will be liable to the landlord for all additional taxes that may be charged to the latter."
Option B - Framed authorisation
"The landlord authorises the tenant to use part of the rented property for a professional activity. Activities governed by commercial lease law are always excluded. In this case, the parties, to comply with Article 8 of the Income Tax Code, agree that the part of the rent corresponding to the professional activity represents ............ % of the total rent and ........... % of the charges. For this allocation to be enforceable against the tax administration, the lease must be registered."
Do not sign a lease without checking which of these two options applies, and adjust the percentage if Option B is selected.
Even regional template leases have their limits
The Walloon, Brussels and Flemish regions all provide template leases. On their websites, it is reminded that they have only indicative value and are not mandatory. This does not prevent them from being widely used, and from containing their own pitfalls.
Brussels Region: badly drafted alternatives
For example, the Brussels template lease proposes an alternative for the termination indemnities owed by the tenant in case of breach. How many landlords fill in a lease badly and risk forgetting to tick the right box? The result: an unenforceable clause and a potential shortfall of several months of rent.
Walloon Region: misdirected duration
The Walloon template lease first proposes to the landlord signing a long-term lease (9 years), which is rarely in their interest for a first letting. Every landlord has an interest in committing with a new tenant within the framework of a short-term lease (3 years maximum, renewable twice without exceeding three years) or a trial lease.
The short-term lease allows you to test the rental relationship before committing for 9 years. If the tenant is solid, the lease can be extended or converted. If the relationship deteriorates, the lease ends naturally.
Common gaps in both regions
Both Brussels and Walloon template leases suffer from:
- Omissions on joint liability between tenants (clause often absent)
- Laconic clauses on maintenance at the tenant's expense
- Ambiguities on duration and extension possibilities
The Walloon template lease is overall better drafted than its Brussels counterpart, but neither dispenses the landlord from a careful reading and adaptation to the specific case.
The golden rule: a recent, regional, adapted lease
Three principles to limit the risks:
-
Recent: the template must reflect the legislation in force at the date of signing. Check the update dates of the regional legislation (BRU 1 November 2024, WAL 1 September 2018, FLA 1 January 2019).
-
Regional: a Brussels lease for a Brussels property, a Walloon lease for a Walloon property. Do not cross templates between regions.
-
Adapted: check line by line the critical clauses (joint liability, personal occupancy, indexation, maintenance, professional clause) and adapt if necessary.
The paid template leases offered by certain professional federations of lawyers or owners generally have the advantage of being regularly updated and covering all the critical clauses. Their cost (between 15 and 25 euros per copy) is marginal compared to the risk of a poorly armed contractual dispute.
For further reading, see also our article on co-tenancy in the Walloon Region, a situation where contractual pitfalls multiply.
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