No minimum duration for residential leases
Belgian law does not set any minimum duration for a primary residence lease. A short-term lease can last from 1 month to 3 years maximum. If no duration is specified in writing, the default 9-year regime applies automatically. For commercial leases, the minimum is 9 years (mandatory).
The absence of a minimum duration gives parties considerable flexibility. A lease can theoretically be signed for as little as one month, though very short leases are uncommon for primary residences.
The key constraint is the maximum for short-term leases: 3 years. Beyond this limit (including renewals), the lease is automatically requalified as a 9-year lease.
Short-term lease rules
Short-term leases (3 years or less) have specific rules:
| Aspect | Rule |
|---|---|
| Duration | 1 month to 3 years (including renewals) |
| Written form | Must be expressly agreed in writing |
| Landlord termination | Not possible before the term |
| Tenant termination | 3 months’ notice + 1 month indemnity |
| Renewal | Automatic if no notice given |
| Maximum total duration | 3 years (then converts to 9-year lease) |
Very short leases (less than 6 months) are possible but uncommon for primary residences. They are more common in specific situations such as:
- Temporary housing during renovation works
- Student accommodation for a single semester
- Transitional housing between two long-term leases
If a short-term lease states no duration, or if the parties fail to put the duration in writing, the default 9-year regime applies. Always specify the duration explicitly in the lease.
Commercial lease minimum
Unlike residential leases, commercial leases have a mandatory minimum of 9 years under the Act of 30 April 1951. This minimum is a matter of public order and cannot be waived by the parties.
The only exception is the pop-up lease (bail pop-up), introduced in certain regions, which allows commercial leases of less than 1 year for temporary commercial activities (markets, seasonal shops, events).
| Lease type | Minimum duration | Maximum duration |
|---|---|---|
| Residential (short-term) | None | 3 years |
| Residential (standard) | 9 years (default) | 9 years |
| Commercial | 9 years (mandatory) | No maximum (renewable up to 36 years) |
| Pop-up (commercial) | None | 1 year |
Regional specifics
Brussels-Capital Region
Brussels allows short-term residential leases with no minimum duration. The 2017 ordinance specifies that short-term leases can be renewed only once within the 3-year limit.
Walloon Region
Wallonia follows the same rules with no minimum duration for residential leases. The Walloon decree requires written form for all residential leases regardless of duration.
Flemish Region
Flanders has introduced the pop-up lease concept for commercial properties (maximum 1 year). For residential leases, there is no minimum duration but the mandatory template must be used.
Act of 20 February 1991, Art. 3 + Regional housing legislation — No minimum duration for residential leases; 9-year minimum for commercial leases.