The essential differences between short-term and long-term leases
The short-term lease (max 3 years) offers more protection to the tenant: the landlord cannot terminate before the agreed term. The long-term lease (9 years, known as 3-6-9) offers more flexibility to the landlord, who can terminate at the end of each triennial period with a legal ground. The tenant’s termination indemnity is fixed (1 month) for short-term and degressive (3/2/1/0 months) for long-term leases.
The distinction between short-term and long-term leases is fundamental in Belgian rental law. Article 3 of the Act of 20 February 1991 organises these two regimes for primary residence leases.
The choice of lease type has direct consequences for the rights and obligations of each party. It is determined at the time of signing and cannot be unilaterally changed during the lease.
| Criterion | Short-term lease | Long-term lease (3-6-9) |
|---|---|---|
| Duration | 3 years maximum | 9 years |
| Tenant termination | 3 months’ notice + 1 month indemnity | 3 months’ notice + 3/2/1/0 months |
| Landlord termination | Not possible | 6 months’ notice + ground (end of triennial) |
| Renewal | Automatic (max 3 years) | Extension by 3-year periods |
| Indexation | Yes, if clause and registered lease | Yes, if clause and registered lease |
How to choose between the two types
Choose a short-term lease if:
- You are a landlord and may need the property back in the short term
- You are a tenant and want maximum flexibility (low indemnity)
- You are testing a co-tenancy or a new property
- The situation is temporary (work assignment, studies, renovation)
Choose a long-term lease if:
- You are a tenant seeking long-term stability
- You are a landlord seeking stable rental income
- You may want to reclaim the property for personal occupation or works
- You want to benefit from the degressive indemnity (more favourable after 3 years)
BailBelgique guides you in choosing the right lease type for your situation. The form automatically generates the correct clauses based on your choice (short-term or long-term).
Termination and indemnities in detail
Tenant termination
In both types of lease, the tenant can terminate at any time with 3 months’ notice. The difference lies in the indemnity:
| Timing of termination | Short-term lease | Long-term lease (3-6-9) |
|---|---|---|
| Year 1 | 1 month | 3 months |
| Year 2 | 1 month | 2 months |
| Year 3 | 1 month | 1 month |
| From year 4 | N/A (lease converted) | 0 months |
Landlord termination
This is the major difference:
- Short-term lease: the landlord cannot terminate before the agreed term. Their only option is termination by mutual agreement.
- Long-term lease (3-6-9): the landlord can terminate at the end of each triennial period (3rd, 6th, 9th year) with 6 months’ notice and a legal ground (personal occupation, major works, or without grounds subject to indemnity).
A short-term lease that exceeds 3 years in total (including renewals) is automatically requalified as a 9-year lease. The landlord is then bound for 9 years. Monitor automatic renewal deadlines carefully.
Regional specifics
Brussels-Capital Region
The ordinance of 27 July 2017 maintains the short-term / 9-year distinction. In Brussels, a short-term lease can only be renewed once within the 3-year limit.
Walloon Region
The decree of 15 March 2018 applies the same rules. Wallonia requires that a short-term lease explicitly state its duration and be in writing.
Flemish Region
The Vlaams Woninghuurdecreet of 9 November 2018 provides the same two types of lease. In Flanders, the mandatory lease template clearly distinguishes between short-term and 9-year leases.
Act of 20 February 1991, Art. 3 — Text on Justel. Governs both types of primary residence lease.