The lease continues automatically if no notice is given
If neither party gives notice before the lease expires, the lease does not end. A short-term lease (max 3 years) renews under the same conditions. A 9-year lease is tacitly extended by 3-year periods. The rent, charges and all clauses remain unchanged.
This automatic continuation is designed to protect the tenant’s housing stability. Neither party needs to take any action for the renewal or extension to occur — it happens by operation of law.
However, the consequences differ significantly depending on whether the original lease was short-term or long-term (9 years).
Short-term vs long-term lease at expiry
| Aspect | Short-term lease (max 3 years) | 9-year lease (3-6-9) |
|---|---|---|
| What happens at expiry | Renewed for same duration | Extended by 3-year periods |
| Conditions | Unchanged | Unchanged |
| Maximum renewals | Until 3 years total (then converts to 9-year) | Indefinite 3-year extensions |
| Notice required to end | 3 months before expiry | 6 months before expiry |
| Formality | None (automatic) | None (automatic) |
A short-term lease that is renewed beyond 3 years in total (including all renewals) is automatically requalified as a 9-year lease. The landlord is then bound for the full 9-year period. Monitor your lease renewal deadlines carefully.
Consequences of tacit renewal or extension
The tacit renewal or extension has several important consequences:
- Rent: remains at the same amount (only legal indexation applies if provided for in the lease)
- Termination rights: the parties acquire the termination rights applicable to the new period
- Registration: the renewal does not need to be separately registered
- Deposit: the existing deposit arrangement continues
For the landlord, a missed deadline can mean being locked into a lease for several additional years. For the tenant, tacit renewal provides welcome stability without any administrative burden.
BailBelgique automatically tracks your lease deadlines and sends reminders before key dates, so you never miss a notice period.
Regional specifics
Brussels-Capital Region
The Brussels ordinance follows the general rule: short-term leases renew automatically, and 9-year leases extend by 3-year periods. Brussels adds that a short-term lease can only be renewed once within the 3-year limit.
Walloon Region
The Walloon decree applies the same automatic renewal and extension rules. The written form requirement applies to the original lease but the renewal itself requires no written formality.
Flemish Region
The Flemish Housing Rental Decree contains explicit provisions on tacit renewal and extension. The rules are substantively the same as in the other regions: automatic continuation if no notice is given.
Act of 20 February 1991, Art. 3 + Regional housing legislation — Leases continue automatically when no notice is given.