Tacit renewal of a primary residence lease
Tacit renewal of a primary residence lease in Belgium: mechanism, conditions, deadlines and consequences for the 3-6-9 lease and the short-term lease.
The mechanism of tacit renewal
Tacit renewal is the automatic renewal of the lease when neither party expresses their intention to end the contract before the deadline. It is a fundamental principle of Belgian tenancy law.
The primary residence lease is automatically renewed if:
- No notice is given within the statutory deadlines
- The tenant remains in the property after expiry
- The landlord continues to collect rent
The conditions of the renewed lease remain identical: same rent (with indexation), same charges, same clauses. Only the duration changes depending on the lease type.
For the detailed guide, consult our page on tacit renewal of the lease.
3-6-9 lease renewal
The 9-year lease is renewed for a 3-year period at each unnotified deadline.
| Deadline | Notice given? | Consequence |
|---|---|---|
| 9 years | No | Renewal for 3 years (total: 12 years) |
| 12 years | No | Renewal for 3 years (total: 15 years) |
| 15 years | No | Renewal for 3 years (total: 18 years) |
| … | … | Indefinitely |
At each renewal, both parties regain the same termination options as at a triennial deadline of the initial lease.
Short-term lease renewal
The short-term lease (less than 3 years) is renewed for an identical duration, provided the total does not exceed 3 years.
| Initial lease | Renewal | Total | Consequence |
|---|---|---|---|
| 1 year | 1 year | 2 years | OK, short lease renewed |
| 2 years | 2 years | 4 years | Reclassification as 9-year lease |
| 3 years | 3 years | 6 years | Reclassification as 9-year lease |
If the renewal causes the total to exceed 3 years, the lease is retroactively reclassified as a 9-year lease from the initial signing date. The tenant then benefits from all protections of the 3-6-9 lease.
How to prevent renewal
Giving notice
| Party | Notice | Form | Grounds |
|---|---|---|---|
| Landlord | 6 months before deadline | Registered letter | Required (occupation, works, without grounds) |
| Tenant | 3 months (2 in Brussels) | Registered letter | Not required |
Tips
- Note the deadlines in your calendar with a reminder 7 months beforehand
- Send the notice by registered letter with acknowledgement of receipt
- Check the calculation: the period runs from the first day of the month following receipt of the notice
- If in doubt, check exact dates with a rental management software that automatically calculates deadlines
To create a lease with clear deadlines, use our online lease generator. For more information, consult our guide on residential leases in Belgium.