1. Pre-contractual disclosure
A major new requirement is that landlords must now disclose the most recent rent amount and its payment date at the start of every new lease agreement. This aims to curb excessive rent increases between successive tenants. Failure to comply may result in an administrative fine ranging from €50 to €200.
2. Restrictions concerning the renewal of short-term leases
Short-term lease agreements may now only be extended once. After two consecutive contracts of less than three years, the lease will automatically convert into a standard nine-year agreement. Additionally, landlords can no longer increase the base rent (excluding indexation) for successive short-term contracts within a nine-year period. This effectively limits the strategic use of back-to-back short-term leases.
3. Housing quality standards
Regulations concerning housing quality have also become stricter. Whereas previously, only tenants could file a complaint with the Regional Housing Inspectorate, prospective tenants can now also request inspections. If a landlord refuses access to the property after two formal inspection requests, the law will, from now on, presume that the property fails to meet safety, health, or equipment standards. In such cases, the Inspectorate may prohibit the property from being rented or inhabited again from that point onwards.
Tenants are protected from eviction once a complaint about substandard housing has been lodged with the Inspectorate. The eviction is suspended until the inspection report is issued and the eviction is only retroactively valid if the Inspectorate confirms that the property fulfils the requirements in terms of safety, health and equipment. However, concerns remain about the potential for this provision to be misused by tenants and about the time required for inspections to be completed.
The Inspectorate has also been granted broader powers. If a property is declared uninhabitable and banned from being rented, the municipality can recover the cost of rehousing the tenant from the landlord—unless the landlord can prove they were not responsible for the issue. Costs may include moving expenses, installation fees, and even any rent differential for up to 18 months. Landlords can mitigate these risks by voluntarily applying for a compliance certificate before putting a property on the market.
4. Evictions
The rules on evictions have been significantly tightened. Any eviction without an enforceable title—such as a court order—is now explicitly illegal and punishable. Landlords who carry out unlawful evictions or block access to a tenant’s home may be liable for damages of up to 18 months’ rent. These cases will be actively prosecuted by means of fast-track legal proceedings.
5. Mandatory fire insurance
The ordinance also introduces a requirement for tenants to take out fire insurance. This not only protects the tenant but also reduces potential liability disputes in the event of damage and is therefore a measure that ultimately benefits both the landlord and the tenant.
6. Rent deposits and payment methods
Tenants’ financial obligations have been eased somewhat: the maximum allowable security deposit has been reduced from three to two months’ rent.
Cash payments are now prohibited. Rent must now be paid by bank transfer to ensure transparency and to provide a clear payment record in the event of disputes.
7. Prohibited clauses in the lease agreement
Additional restrictions concerning the terms contained in lease contracts have now also been introduced. Landlords may no longer prohibit tenants from registering their official residence in the property. Any such clause will be considered null and void. The same applies to blanket bans on pets. Restrictions on animals are only allowed if based on objective concerns such as nuisance, aggression, or when seeking to apply reasonable limits in terms of the number or type of pets allowed.
Furthermore, landlords can no longer impose additional penalties—over and above interest at the statutory rate—on tenants for the late payment of rent.
8. Conclusion
These sweeping reforms contained in the Ordinance bring with them significant implications for landlords and property managers. To remain compliant, it is advisable to review the legality of existing lease agreements, to optimise procedures for pre-contractual disclosures, and to ensure that properties for rental meet current standards. The Brussels-Capital Region is clearly moving towards a more tightly regulated and quality-driven rental market.
