The residential lease is regionalised — a key starting point
Since 1 January 2018, the residential lease (officially called the "main residence" lease) is no longer governed by a single federal law. Each region has adopted its own Housing Code or Lease Decree. In practice, your rights depend on where the rented property is located, not where you are domiciled.
A flat in Ixelles, one in Liège and one in Antwerp are not subject to the same rules: maximum deposit, notice periods, indexation, penalties for an unregistered lease… Everything can vary. Always check the region of the rented property before invoking a rule.
To compare the three regions on other aspects (purchasing, taxation, property market), see our Brussels page, Wallonia page and Flanders page.
The security deposit — how much and how?
The security deposit protects the landlord against possible damage or unpaid rent. But it remains your money: it is neither spent nor used before the end of the lease. The maximum amount depends on the region.
| Region | Blocked account | Bank guarantee | CPAS support |
|---|---|---|---|
| 🏛️ Brussels | 2 months rent max | 3 months (spread) | Possible via BRUGAL Fund |
| 🌻 Wallonia | 2 months rent | 3 months (spread over 36 months) | Walloon Housing Fund |
| 🌊 Flanders | 3 months generally | 3 months | Huurwaarborglening (loan) |
1. Individualised blocked account in your name at a Belgian bank — the most common form. The interest belongs to you.
2. Bank guarantee built up through monthly instalments — with no fees imposed on the tenant. Useful if you don't have the savings immediately.
3. Guarantee via the CPAS or a regional fund, if you don't have access to the first two.
If you are asked to pay the deposit directly into the landlord's personal account, refuse. This is illegal. The account must be in the tenant's name, blocked, and release requires the written agreement of both parties (or a ruling from the justice of the peace).
At the end of the lease, the deposit is released after the exit inventory of fixtures. If everything is in order, the landlord signs a release and the bank returns the capital plus interest. In case of dispute, the justice of the peace decides.
The entry inventory of fixtures — mandatory and contradictory
The entry inventory of fixtures is a mandatory document describing the condition of the property when you move in. It serves as a reference when leaving to determine whether you have caused damage. Without an inventory, the landlord is presumed to have handed over a property in perfect condition — which makes it very difficult to challenge anything when you leave.
Registration of the lease — a key protection
Every main-residence lease must be registered with the FPS Finance within 2 months of being signed. This formality is free and lies exclusively with the landlord. Yet it primarily protects… the tenant.
A registered lease is enforceable against third parties. If the landlord sells the property, the buyer cannot evict you. Without registration, in some cases the buyer could give you notice to reclaim the property.
You can leave the property without notice or compensation, after formally putting the landlord on notice to proceed with registration and allowing a reasonable period. This is a powerful tool — to be used via registered letter.
To check that your lease is properly registered, you can ask the landlord for proof of registration or contact the Legal Security office of the FPS Finance for your region directly.
Lease duration and notice period
Several lease durations are possible for a main-residence lease. The most common is 9 years. But other formulas exist.
Tenant's notice
Good news: you can terminate your 9-year lease at any time, with 3 months' notice. Be careful though, during the first three-year period a decreasing indemnity is due:
| You leave during… | Indemnity due to the landlord |
|---|---|
| Year 1 of the lease | 3 months' rent |
| Year 2 | 2 months' rent |
| Year 3 | 1 month's rent |
| After the first three-year period (year 4+) | No indemnity |
Landlord's notice (more constrained)
The landlord, on the other hand, cannot evict you whenever they like. They must invoke a legal reason:
- Personal occupation by themselves or a close relative (up to the 3rd degree) — 6 months' notice, possible at any time
- Major works on the property — 6 months' notice, only at the end of each three-year period
- Without reason — only at the end of each three-year period, with 6 months' notice AND indemnity (9 or 6 months' rent depending on the three-year period)
The rules above are the general ones. Specific clauses in your lease may provide for other arrangements (within the limits of the law). When in doubt, have your lease reviewed by a tenant defence service or the justice of the peace.
Rent indexation — how does it work in 2026?
The landlord can index your rent once a year, on the anniversary date of the contract, and only on written request. If they forget to ask, indexation can only be recovered for the last 3 months.
New rent = Base rent × (Health index of the month before the anniversary) / (Health index of the month before signing)
The health index is published monthly by Statbel.
Worked example 2026
| Data | Value |
|---|---|
| Base rent (signed February 2024) | €850 |
| Health index January 2024 (base) | 128.76 |
| Health index January 2026 | 135.40 (illustrative) |
| New rent from February 2026 | 850 × 135.40 / 128.76 = €893.84 |
| ⚠️ Always check the exact index on Statbel.be for your specific month. | |
Brussels: indexation forbidden for EPC G dwellings, capped for EPC F.
Wallonia: indexation at 75% for EPC E, 50% for EPC F, 0% for EPC G.
Flanders: since the end of 2023, indexation for energy-inefficient dwellings (E/F) is free again, but with a transitional framework depending on the date of the lease.
To fully grasp the energy stakes, also read our complete energy rebates guide and the regional versions: Brussels, Wallonia, Flanders. Even as a tenant, some incentives apply to you (for instance roof insulation under a sublet arrangement or a heat pump).
🧮 Tenant today, owner tomorrow?
Our quiz helps you decide whether renting or buying is more advantageous for you in 2026.
Charges and provisions — private vs joint
In addition to rent, your lease often provides for charges. But not all expenses can be passed on to you.
What is typically borne by the tenant
- Private consumption: water, gas, electricity for your home
- Share of common water, electricity for common areas, lift, stairwell cleaning
- Routine maintenance: individual boiler sweeping, minor unblocking, replacing bulbs
- "Household waste" taxes depending on the municipality
What remains borne by the landlord
- Property withholding tax (unless a valid and lawful clause states otherwise)
- Major repairs (roof, façade, broken-down boiler, major plumbing)
- Building manager fees for management (routine maintenance fees can be re-invoiced)
- Building fire insurance premiums (the tenant covers their own rental liability)
If you pay monthly provisions, the landlord must provide you with a detailed annual statement with supporting documents. You have the right to inspect the original invoices for at least 6 months after the statement. If a flat fee is requested, the amount cannot be revised during the lease (unless an indexation clause is provided).
Repairs — who pays for what?
The legal principle is simple: minor rental repairs (routine maintenance) are at your expense; major repairs and those due to wear and tear or force majeure are at the landlord's expense.
| Type of repair | Tenant | Landlord |
|---|---|---|
| Replace a bulb, a tap seal | ✅ | — |
| Unblock a sink (normal use) | ✅ | — |
| Annual sweeping of individual boiler | ✅ | — |
| Small holes, routine painting (normal wear excluded) | ✅ | — |
| Boiler breakdown (wear and tear) | — | ✅ |
| Roof leak, water infiltration | — | ✅ |
| Replacement of an out-of-order water heater | — | ✅ |
| Worn frames, insufficient insulation | — | ✅ |
| ⚠️ The line between "wear and tear" and "negligence" can be disputed — the entry inventory is your best proof. | ||
If a major repair is needed and the landlord drags their feet, send them a formal notice by registered letter. Failing a response, you can apply to the justice of the peace to obtain forced execution or a rent reduction.
The exit inventory of fixtures
At the end of the lease, an exit inventory of fixtures must be drawn up, again on a contradictory basis. It is compared with the entry inventory. Damage beyond normal wear can be withheld from the deposit.
Disputes and remedies — who to turn to?
If you disagree with your landlord, several levels of action exist. There's no need to take a judge to court if mediation can solve the issue in a few weeks.
Specifics by region — the essentials
🏛️ Brussels
- Indicative grid of rents (loyers.brussels) — a non-binding reference but useful in case of dispute
- Regional rent allowance for low-income households, under conditions
- Indexation blocked for properties rated EPC G (and restricted for EPC F)
- BRUGAL Fund to help build up the deposit
🌻 Wallonia
- Indicative grid of reference rents by municipality (loyerswallonie.be)
- Indexation modulated by EPC: 75% for E, 50% for F, 0% for G
- Possible ADeL support (Moving and Rent Allowance)
- Rental deposit on a blocked account (2 months) or spread bank guarantee (3 months over 36 months)
🌊 Flanders
- Tenant home insurance mandatory since 2019 (rental liability + contents) — penalties if absent
- Deposit of 3 months rent maximum, in various forms
- EPC conditions affect indexation for leases signed between certain dates
- Huurpremie and huursubsidie depending on income and waiting time on the social housing list
Renting isn't a fate. If buying interests you, start by estimating your borrowing capacity and learn how to save effectively for a purchase. On the tax side, also see our general registration duties guide or the regional versions: Brussels, Wallonia, Flanders. And to find your bearings on the 2026 market: Brussels, Wallonia, Flanders.
In summary — the 8 key points to remember
- The residential lease has been regionalised since 2018: Brussels, Wallonia and Flanders each have their own rules
- The security deposit is capped at 2 months (Bxl, Wal) or 3 months (Fla) on a blocked account — never on the landlord's private account
- The entry inventory of fixtures is mandatory, contradictory and must be registered free of charge with the lease
- Lease registration is the landlord's responsibility; without registration, the tenant can leave without notice (subject to the region)
- The tenant's notice is 3 months, at any time; decreasing indemnity during the first three-year period, nothing thereafter
- Indexation is annual, on written request, capped by EPC in Brussels and Wallonia in 2026
- Minor repairs are on you; major ones on the landlord — the inventory is authoritative
- In case of conflict: conciliation then justice of the peace — and don't hesitate to contact a tenants' union