Tenant Rights in Belgium 2026: Deposit Caps, Advance Rent, Notice

Tenant Rights in Belgium: A Regional System

Since the Sixth State Reform (2014), housing and rental law in Belgium has been regionalized. This means that tenant rights differ depending on whether your property is located in Brussels-Capital Region, Wallonia, or Flanders. Each region has its own housing code governing residential leases.

The Three Regional Frameworks

• Brussels: Brussels Housing Code (Code bruxellois du Logement), as amended by the Ordonnance of 27 July 2017
• Wallonia: Decree of 15 March 2018 on residential leases (décret relatif au bail d'habitation)
• Flanders: Flemish Housing Rental Decree (Vlaams Woninghuurdecreet), Decree of 9 November 2018

Mandatory Lease Requirements

In all three regions, residential leases must:

• Be in writing (oral leases are valid but expose both parties to legal uncertainty)
• Be registered with the Federal Public Service Finance (SPF Finances) within 2 months of signing — this is the landlord's obligation and is free of charge for residential leases
• Include a detailed description of the property's condition at entry (état des lieux d'entrée)
• Specify the rent amount, charges, and indexation clause

Rental Deposit (Garantie Locative)

The deposit rules vary by region:

• Brussels: Maximum 2 months' rent, whatever the form of the guarantee (Brussels Housing Code, art. 248).
• Wallonia: Maximum 2 months' rent, whatever the form: an individualized account in the tenant's name, a bank guarantee the tenant rebuilds in monthly instalments over up to three years, or a guarantee arranged through the CPAS (decree of 15 March 2018, art. 62, as amended from 1 June 2023).
• Flanders: Maximum 3 months' rent (Woninghuurdecreet, art. 37).

The landlord may never hold the deposit in their personal account. At the end of the lease, the deposit is released only upon joint agreement or court decision.

Can a Landlord Ask You to Pay Rent in Advance?

None of the three regional lease laws — the Brussels Housing Code, the Walloon decree of 15 March 2018 and the Flemish Woninghuurdecreet — contains a specific rule allowing or forbidding the payment of rent in advance, for example a full year upfront.

What they do regulate is the rental guarantee: its maximum amount (above) and the fact that it sits in an account in the tenant's name or takes the form of a bank guarantee. Money paid "in advance" goes to the landlord, not into that account, so it does not get the protections the law gives to the guarantee.

In Brussels, the landlord may only request rent to a bank account, by transfer or deposit (Brussels Housing Code, art. 225/2, in force since 1 November 2024), so every payment leaves a trace.

Practical advice: if you agree to pay in advance, have it written in the lease — the amount, the months it covers, and what happens to it if the lease ends early — and pay by bank transfer.

Rent Indexation

Annual rent indexation is permitted in all regions, but only if the lease is in writing and registered. The formula uses the health index (indice santé) published by Statbel:

New rent = Base rent x (New index / Base index)

Key rules:

• Indexation can only occur on the anniversary of the lease
• In Brussels, a temporary cap on indexation was applied for energy-inefficient properties (EPC E, F, G) under the Arrêté of 2022; check current regulations for 2026
• In Flanders, similar energy-linked indexation restrictions were introduced
• Indexation is not automatic — the landlord must request it in writing

Repairs and Maintenance

The division of repair responsibilities follows the principle established by the former Article 1720 of the old Civil Code, now reflected in regional codes:

• Tenant: Minor maintenance and repairs due to normal use (réparations locatives) — e.g., replacing light bulbs, maintaining garden, minor plumbing fixes
• Landlord: Structural repairs, roof, heating system, plumbing infrastructure, electrical system, and any repairs caused by normal wear and tear or force majeure

Habitability Standards

All three regions enforce minimum habitability standards. A property must meet requirements for:

• Structural safety and stability
• Adequate natural light and ventilation
• Functioning sanitary facilities (toilet, running water, heating capability)
• Minimum surface area (varies by region, generally 18-28 m2 for a studio)
• Electrical safety (RGIE/AREI compliance certificate)

If a property does not meet these standards, the tenant can request an inspection through the regional housing authority, and the lease may be declared void.

Protection Against Eviction

Belgian law provides strong protections against arbitrary eviction. A landlord cannot evict a tenant without following the legal termination procedures specific to the lease type and region. Even in cases of non-payment, the landlord must obtain a court judgment from the Justice de Paix before any eviction can take place.

DroitAI for Tenant Disputes

DroitAI can help you understand your specific rights based on your region, draft letters to your landlord regarding repair requests or deposit disputes, and provide templates for formal notices. Our AI assistant references the applicable regional housing code for your situation.