Student room rental contract: what must it contain?

When is it a student rental agreement?

The student rental rules apply to leases signed in Flanders from 1 January 2019 onwards when two conditions are met. The occupant is a student, meaning someone enrolled at an institution offering full-time education. And the room is not their main residence: the student officially lives elsewhere, usually with their parents. A working student who is enrolled full-time is also covered.

As a landlord you may ask for proof of enrolment, but the law does not oblige the student to provide it. If a student registers their domicile at the room with your express or tacit consent, the rules for main residences apply instead, with a different duration and different notice rules, among other things. That is why it is best to state explicitly in the contract that the student may not establish their main residence at the address of the room. Read more in our guide on domicile in a student room.

If you let in Brussels or Wallonia, different rules apply. Brussels regulates the student lease in the Brussels Housing Code, Wallonia in the Walloon decree of 15 March 2018 on residential leases. This guide covers Flanders. If you let in Brussels, check the Brussels rules separately.

What must the rental contract contain?

The decree requires a written contract and lists the information it must contain as a minimum. If something is missing, either party can, after a formal notice by registered letter, ask the justice of the peace to order the other party to complete the contract.

• Identity of all parties: for individuals, their name, first two first names, place of residence and national register number (or otherwise their date and place of birth); for companies, their name, registered office and enterprise number.
• Start date of the lease.
• Exact duration of the lease.
• Designation of all spaces and parts of the building being rented, for example the room, the shared kitchen, the bicycle storage.
• Amount of the rent.
• Arrangement for costs and charges, within the limits explained below.
• Reference to the explanatory note (vulgariserende toelichting) the Flemish government drew up for student leases, for example with a sentence referring to the page on student rental agreements on vlaanderen.be.

Rent, costs and charges

You set the rent freely, but for student leases that rent is all-in. It covers all costs and charges, except consumption of energy, water and telecommunications and the tax on second residences. Only those items may be charged separately, and only if the contract expressly says so. Cleaning of shared areas, property tax or a one-off administration fee cannot be charged on top; include them in the rent.

Consumption costs can be charged through advance payments with an annual settlement based on actual costs, or through a fixed flat fee. A flat fee must be expressly agreed in the contract and may not be changed unilaterally or indexed during the lease.

If the contract runs for more than one year, you may index the rent once a year on the anniversary of the start date, unless the contract excludes this. If you sign consecutive contracts with the same student for the same room, the base rent may not exceed the indexed rent of the first contract, except in exceptional cases. How to calculate the new rent is explained in our guide on calculating rent indexation.

Duration and end of the contract

The decree does not impose a fixed duration: you and the student agree on it together. In practice it is usually ten or twelve months. Importantly, the student rental agreement ends automatically on the end date. A clause providing for tacit renewal is deemed not written. If you want to continue with the same student, extend the contract by mutual agreement or sign a new one, preferably in writing.

If the student stays in the room after the end date without objection from you, the Civil Code creates a new, oral lease on the same terms. You want to avoid that, so make timely arrangements about moving out or a new contract.

As a landlord you cannot terminate a student rental agreement early, not even if the student stops studying. A clause that gives you a right to terminate anyway is not valid. If the student fails to meet their obligations, for example by not paying rent, you can only ask the justice of the peace to dissolve the contract. A clause that dissolves the contract automatically in case of non-payment is invalid.

Termination by the student

The student can only end the contract early in the cases listed in the decree. Termination by mutual agreement is always possible as well, for example when a new tenant is ready to take over.

• Before the contract starts: free of charge if the student gives notice more than three months before the start date; later notice means a fee of two months' rent. A reservation fee or paid reservation contract is therefore not allowed.
• When the student stops studying: a notice period of two months, on presentation of proof of deregistration from the educational institution.
• On the death of a parent or another person who supports the student: a notice period of two months, on presentation of supporting evidence.
• In the last two cases, the notice period starts on the first day of the month following the month in which notice is given.
• On the death of the student, the contract ends by law on the first day of the month following the death.

Subletting, assignment and the deposit

Subletting or assigning the contract is only allowed with your prior written consent. There is one important exception: if the student goes on an exchange programme or internship, you must agree to a sublet or assignment to another student, unless you have a well-founded reason to refuse. In a sublet, the original student remains liable towards you.

If you ask for a rental deposit, it may not exceed two months' rent for a student room. An extra key deposit on top of that maximum is not allowed. The contract must state the form in which the deposit is provided. All rules on amount, form, interest and return are in our guide on the student room deposit.

Inspection report, registration and compliance

A contract does not stand on its own. At the start, you and the student are required to draw up a detailed inspection report, before the student moves in or during the first month. It is attached to the contract. How to approach it is explained in our guide on the student room inspection report.

A student rental agreement must also be registered by the landlord, within two months of signing. This is free and can be done online via MyRent of the FPS Finance. Registration gives the contract a fixed date, which matters for example when the property is sold. More in the guide registering a lease via MyRent.

Finally, the room must meet the Flemish housing quality (conformity) requirements at the start. A lease for a property that does not meet them can be declared void by the court. A certificate of conformity issued within three months before the start creates a presumption that the room complies. Cities may also have their own rules for student rooms, so always check the local situation with your municipality too.

Common mistakes in student room contracts

Many student room contracts still contain clauses that do not apply under the decree. Because the rules are mandatory, the student can ignore them and you cannot enforce them. These mistakes come up often:

• Charging extra costs separately, such as cleaning, waste or an administration fee, while the rent must be all-in.
• A reservation fee or paid reservation contract that circumvents the free cancellation before the start.
• A tacit renewal clause.
• A termination right for the landlord, for example when the student stops studying.
• Requiring the student to leave the room a few days or weeks before the end date.
• A separate key deposit on top of two months' rent.
• Fixed amounts per type of damage, regardless of the actual damage.
• Free access to the room for the landlord, while the student is entitled to quiet enjoyment.
• No reference to the explanatory note.
• Not mentioning the rent and costs in an advertisement: the municipality can impose an administrative fine of 50 to 350 euros for that.

How Kotmaster helps

In Kotmaster you create rental contracts from templates and have them signed digitally with itsme®. Through the MyRent integration you register contracts and inspection reports in one click. Rent payments are followed up automatically with reminders, and indexations happen automatically based on the health index. All documents per room are stored in one central place. See the features or get in touch for a demo.

This guide provides general information about the Flemish rules for student leases and is not legal advice. If you are unsure about a specific situation, consult a lawyer, notary or your landlords' association.