What is a residential lease?
A residential lease is a rental contract that binds a landlord and a tenant when the property serves as the tenant’s main residence. The tenant is officially registered there and lives there most of the time.
It is the most common type of lease in Belgium. It covers:
- Apartments rented to families.
- Houses rented to individuals.
- Studios used as a main residence.
The residential lease is distinct from a student lease, a co-tenancy lease or a short-term lease. For other types of rental contracts, see our lease contracts guide.
Duration of a residential lease
The standard duration is 9 years. It is called a 3-6-9 lease because the landlord can choose to terminate it at the end of the 3rd, 6th or 9th year, subject to conditions.
Three main duration types exist:
- 9-year lease (or 3-6-9): this is the standard lease in Belgium.
- Short-term lease (less than 3 years): governed by specific rules.
- Long-term lease (more than 9 years): less common, offering greater stability for the tenant.
The 3-6-9 lease: how does it work?
The 3-6-9 lease has a fixed duration of 9 years, but with 3-year periods that allow the landlord to terminate the contract under strict conditions:
- End of the 1st period (year 3).
- End of the 2nd period (year 6).
- Natural end (year 9).
The tenant can terminate the lease at any time with 3 months’ notice. This deliberate imbalance protects the tenant and offers great flexibility.
Mandatory clauses in the lease
A residential lease must contain the following information:
- Full identity of the landlord and the tenant.
- Address and description of the property.
- Monthly rent excluding and including charges.
- Lease duration and start date.
- Payment terms.
- Amount of the rental deposit (maximum 3 months’ rent).
- Annual indexation clause.
- Termination conditions.
- Mandatory annexes (EPC certificate, property inventory, regional annex).
These clauses are mandatory regardless of the property type: apartment or house.
Rent and indexation
The rent is freely agreed between the parties, but Wallonia and Brussels have published indicative rent grids that provide a price range per area and property type.
Rent may be indexed once a year, on the anniversary date of the lease. The indexation is calculated based on the health index published by Statbel. Since 2023, a poor EPC rating can limit or prohibit indexation.
Rental deposit for a residential lease
The rental deposit protects the landlord against unpaid rent and damage. The amount is capped:
- 2 months’ rent if the deposit is placed in a blocked account in the tenant’s name.
- 3 months’ rent if the deposit is constituted through an interest-free bank loan.
The deposit is returned to the tenant at the end of the lease, subject to a satisfactory exit property inspection.
Notice and termination
Early termination of the lease follows precise rules. The notice period varies depending on which party terminates and the reason given.
Termination by the tenant
The tenant can terminate at any time with 3 months’ notice. If they leave before the end of the 3rd year, compensation is due:
| Departure | Compensation |
|---|---|
| 1st year | 3 months’ rent |
| 2nd year | 2 months’ rent |
| 3rd year | 1 month’s rent |
| After 3 years | None |
Termination by the landlord
The landlord can only terminate the contract in specific cases:
| Reason | When | Notice | Compensation |
|---|---|---|---|
| Personal occupation | At any time | 6 months | None |
| Major renovations | End of 3rd, 6th or 9th year | 6 months | None |
| Without reason | End of 3rd or 6th year | 6 months | 9 or 6 months |
End of the lease at expiry
The lease naturally ends after 9 years. If neither party gives notice of their intention to terminate, the lease is tacitly renewed for a further period of 3 years.
Disputes and justice of the peace
In case of disagreement, the justice of the peace is the competent magistrate for residential lease disputes. They rule on matters including:
- Unpaid rent.
- Indexation disputes.
- Damage and exit property inspections.
- Eviction requests.
Before any court proceedings, an attempt at amicable conciliation is mandatory.
Regional rules
Each Belgian region applies its own legal framework:
| Rule | Wallonia | Brussels | Flanders |
|---|---|---|---|
| Framework | Decree 2018 | Brussels Housing Code | Flemish Housing Rental Decree |
| EPC prohibits indexation | F, G | E, F, G | F, G |
| Rent grid | Indicative | Indicative | Indicative |
The mandatory annexes, rent grids and indexation rules differ slightly from one region to another.
Drafting a residential lease
To draft a compliant lease, two options are available:
Download a PDF template
Our PDF lease templates are free and compliant with Belgian legislation. They cover all three regions.
Create a personalised lease online
Our online lease generator produces a 100% compliant contract in less than 10 minutes. It automatically adapts the clauses to your region, the mandatory annexes, the indexation rules and the maximum rental deposit.
You can then sign it electronically and register it with the FPS Finance.
Summary
The residential lease is the most common rental contract in Belgium. It lasts 9 years with milestones at years 3, 6 and 9. The tenant can leave at any time with 3 months’ notice. The landlord is more restricted and must justify any termination. The rules differ slightly between Wallonia, Brussels and Flanders.