Yes, the lease is automatically transmitted to heirs
A Belgian lease is automatically transmitted to the heirs of both the tenant and the landlord upon death. The lease does not end when either party dies. The heirs inherit all rights and obligations under the same conditions. However, heirs may have the right to terminate the lease under specific conditions depending on the lease type.
Under Article 1742 of the Belgian Civil Code, the death of the landlord or the tenant does not terminate the lease. The contract continues with the heirs, who step into the shoes of the deceased party. This is a fundamental principle of Belgian lease law.
This rule applies to all types of leases: primary residence, student housing, shared housing, and commercial leases. The heirs are bound by all the terms of the lease, including the rent amount, duration, and any special clauses.
What happens in practice
When the tenant dies:
- The lease continues with the tenant’s heirs
- Heirs must continue paying rent unless they terminate
- The rental deposit remains in place
- Co-tenants (if any) continue under the same lease
- The heirs must inform the landlord of the death
When the landlord dies:
- The lease continues with the landlord’s heirs
- The new landlord(s) must honour all lease terms
- Rent payments are redirected to the heirs
- The rental deposit and all obligations transfer
Include clear succession clauses in your lease to avoid confusion. BailBelgique includes standard provisions on what happens in case of death, including notification obligations and termination procedures for heirs.
Can heirs terminate the lease?
| Situation | Can heirs terminate? | Conditions |
|---|---|---|
| Tenant’s heirs (9-year lease) | Yes | Standard termination rules (3 months’ notice) |
| Tenant’s heirs (short-term lease) | Depends on region | Some regions allow early termination |
| Landlord’s heirs (9-year lease) | Limited | Only under standard landlord grounds |
| Tenant’s heirs (commercial lease) | Yes | At next triennium with 6 months’ notice |
| Landlord’s heirs (commercial lease) | Limited | Only under Commercial Lease Act grounds |
The tenant’s heirs generally have the same termination rights as the deceased tenant. For a 9-year lease, this means they can terminate at any time with 3 months’ notice (and compensation during the first 3 years). They are not obligated to continue the lease if they do not wish to use the property.
If you are an heir who does not wish to continue a lease, act quickly. Rent continues to accrue until proper termination notice is given. Accepting the inheritance includes assuming the lease obligations. If you renounce the inheritance entirely, the lease obligation falls away as well — but so do all other inherited assets.
Regional specifics
Brussels-Capital Region
The Brussels Housing Code confirms that leases continue with heirs. Brussels provides specific provisions for surviving spouses or cohabiting partners who may continue the lease even if they were not originally named as tenant.
Wallonia
The Walloon Residential Lease Decree follows the same principle. Wallonia recognizes the right of the surviving partner to continue the lease under the same conditions, even without being on the original lease.
Flanders
The Flemish Housing Rental Decree confirms lease transmission to heirs. Flanders has specific provisions allowing the surviving partner to continue the lease and facilitating termination by heirs who do not wish to continue.
Belgian Civil Code, art. 1742 — The lease does not end upon the death of either party. Regional housing legislation provides specific rules for surviving partners and heirs’ termination rights.