In Belgium

Precarious occupation differs from a lease by the absence of a firm commitment on duration. It is justified by special circumstances that make a standard lease inappropriate:

  • Property is for sale and the owner wants to avoid a binding lease
  • Major works are planned in the short term
  • Property is pending a court decision (inheritance, expropriation)
  • Owner wishes to temporarily help someone (hosting a relative)

The precarious occupant often pays no rent in the strict sense, but a modest occupation fee. They enjoy none of the primary residence lease protections: no minimum duration, no 3-month notice, no right to remain.

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Warning
If the precarious occupant pays market-rate rent, domiciles there and the occupation extends, the judge can reclassify the agreement as a 9-year primary residence lease. The precariousness must be genuine, not fictitious.

Practical example

An owner in Liege puts their apartment up for sale. While waiting for a buyer, they propose a friend occupy it temporarily for 200 EUR/month (well below market). The agreement specifies that occupation ends upon signing of the sale compromise, with 15 days’ notice. The friend does not domicile at this address.