Residential rental contracts

Legislation relating to residential rental properties based on their duration

Duration of maximum 6 months

The lease is concluded for a period of ………………… beginning  on …………………. It ends automatically at the end of the period, i.e. on… …. , no notification is mandatory. The lease cannot be terminated in advance.

If the tenant continues to occupy the property without opposition from the landlord, the lease is deemed to have been concluded for a period of 9 years, starting from the date on which the original lease came into effect. In this case, the rent and other conditions agreed in the initial lease remain unchanged.

OR: By mutual agreement and in writing, the parties may extend the lease under the same conditions. The lease can only be extended once. The total duration of the lease may in no case exceed 3 years. If the tenant continues to occupy the property for more than three years without opposition from the landlord, the lease agreement shall be deemed to have been concluded for a period of nine years, starting from the date on which the original lease agreement came into effect.

Longer than 6 months up to 3 years.

The lease is concluded for a period of ……. beginning on ……………… and ending on ……..………, provided that one of the parties notifies the other of this by registered letter, at least three months before the expiration date.

If the notice of termination is not sent on time or if the tenant continues to occupy the property without opposition from the landlord, the lease is deemed to have been concluded for a period of 9 years, starting from the date on which the lease initially came into effect. In this case, the rent and other conditions agreed in the initial lease remain unchanged.

OR: The parties may extend the lease under the same conditions by mutual agreement and in writing. The lease can only be extended once. The total duration of the lease may in no case exceed 3 years in order to remain a short-term lease. If the tenant continues to occupy the property for more than three years without opposition from the landlord, the lease is deemed to have been concluded for a period of nine years, starting from the date on which the original lease came into effect. 

The short-term lease can be terminated by the tenant at any time, subject to a notice period of three months and a compensation equal to one month's rent. The landlord can only terminate the short-term lease at the earliest after the first year of rental, and under the conditions provided for in article 237, § 2, of the ordinance of 27.07.2017 (own occupation), subject to a prior notice period of 3 months and a compensation equal to one month's rent.

If the landlord terminates the short-term lease in accordance with the previous paragraph, the tenant can also terminate the lease at any time subject to a notice period of one month. In this case, the policyholder is not liable for the monthly compensation.

After the three-year period and if the tenant continues to occupy the property without opposition from the landlord, the lease is deemed to have been concluded for a period of 9 years, starting from the date on which the original lease came into effect; consequently, the landlord may terminate the lease at any time with a six months' notice if he wishes to occupy the property personally. The landlord may terminate the lease at the end of the sixth year if he intends to carry out major works on the rented property, meeting the conditions set out in Article 237.3° of the Brussels Housing Act, subject to a six-month notice period. The landlord may terminate the lease at the end of the sixth year without any justification, subject to six months' notice and payment of the compensation provided for by the Code.

For his part, the Tenant may put an end the lease at any time, subject to three months' notice. Since the lease agreement is deemed to have been concluded for 9 years, the Tenant, if he exercises his option of counter notice, can also terminate the lease agreement at any time with one month's notice, without compensation.

Nine years

The lease is concluded for a period of 9 (nine) years, beginning ………………..and ending on ....................

The agreement ends at the end of the agreed period, provided that notice is given by the landlord at least six months in advance and by the tenant at least three months in advance. In the absence of notice within this period, the lease will be extended each time for a period of three years, under the same conditions.

The landlord can terminate the lease at any time with a notice period of 6 months if he wishes to occupy the property personally. The landlord can terminate the lease at the end of the third or sixth year if he intends to carry out major works on the rented property, which meet the conditions set out in article 237 paragraph 3 of the Brussels Housing Code, with a notice period of six months.

The landlord can terminate the lease at the end of the third or sixth year without any justification, with a notice period of six months and payment of the compensation provided for by the Code.

For his part, the Tenant may terminate the lease at any time, subject to a notice period of three months and payment of compensation equal to three months, two months or one month's rent, depending on whether the lease ends during the 1st, 2nd term or 3rd year.

If the Lessor exercises his option of interim termination, the Tenant may also terminate the lease at any time subject to a notice period of one month, without compensation. 

Unless otherwise agreed, notices of termination sent by both parties will begin on the first day of the month following the notification. All notices sent by registered mail shall be deemed to have been given on the date of dispatch to the post office, the date of receipt being proof of dispatch within the specified period.