In Belgium

The primary residence lease is the default regime for any dwelling serving as the tenant’s main home. Its legal duration is 9 years. Any lease that does not mention a duration, or that stipulates a duration between 3 and 9 years, is automatically considered a 9-year lease.

This type of lease is governed by regional legislation:

  • Flanders: Vlaams Woninghuurdecreet of 9 November 2018
  • Brussels: Brussels Housing Code (ordinance of 27 July 2017)
  • Wallonia: Decree of 15 March 2018 on residential leases

The primary residence lease offers the strongest protection to the tenant: right to peaceful enjoyment, protection against eviction, right to leave at any time with notice, and maintenance of the lease in case of property sale (if registered).

How it works

Termination by the tenant. The tenant can terminate the lease at any time with 3 months’ notice. During the first 3 years, compensation is due: 3 months’ rent in year 1, 2 months in year 2, 1 month in year 3. From year 4 onwards, no compensation.

Termination by the landlord. The landlord can only terminate for limited reasons:

  • Personal occupation: 6 months’ notice, the landlord or close relative must actually occupy within one year
  • Major works: 6 months’ notice, only at the end of a triennial period
  • No reason: only at the end of each triennial, 6 months’ notice, compensation of 9 to 6 months’ rent
i
Good to know
Even if the lease specifies a 5 or 7-year duration, it is legally considered a 9-year lease. Only leases of 3 years or less escape this reclassification (short-term lease).

Practical example

Ahmed and Samira sign a primary residence lease for an apartment in Molenbeek on 1 October 2024. The rent is 850 EUR/month. The lease runs until 30 September 2033 (9 years).

In March 2027 (end of year 3), Ahmed is transferred to Antwerp. He gives notice with 3 months’ notice. Since he is leaving during the 3rd year, the compensation is 1 month’s rent (850 EUR).

Key considerations

Sale of the property. If the lease is registered, the buyer must respect it. If not registered, the new owner may invoke certain provisions to break it.

i
Warning
A landlord who invokes personal occupation must actually occupy the property within one year of the tenant’s departure. Failure to do so entitles the evicted tenant to claim 18 months’ rent in compensation.