Change of owner during the lease: tenant rights
What are the tenant rights when the property is sold during the lease?
The legal principle
Under Belgian law, the sale of a rented property does not end the lease. The principle is simple: the lease follows the property, not the landlord. The new landlord automatically takes over the rights and obligations of the previous one.
| Situation | Tenant protection |
|---|---|
| Registered lease | Full protection |
| Unregistered lease, certain date | Partial protection |
| Unregistered lease, no certain date | Weak protection |
Registering the lease is therefore crucial. For lease rules, see our guide on leases and contracts.
Tenant rights
Registered lease
If the lease is registered, the new landlord must respect the lease in its entirety:
- Same rent, same duration, same conditions
- No early termination without legal grounds
- Same maintenance and repair obligations
Unregistered lease
If the lease is not registered, protection is reduced. The new landlord can, in some cases, end the lease more easily.
What the new landlord cannot do
- Increase the rent outside legal indexation
- Modify the lease clauses
- Demand a new lease
- Evict the tenant without legal grounds
- Demand a new rental deposit
What happens to the rental deposit
Transfer of the deposit
The rental deposit held in a bank account remains in the tenant’s name. At the end of the lease:
- The new landlord signs the release request
- The tenant recovers their deposit under the usual conditions
- The move-out inventory is carried out with the new landlord
Points to note
- Ask the new landlord for written confirmation of their contact details
- Verify that the bank is informed of the change of landlord
- Keep a copy of the original lease and, if possible, the deed of sale
In practice
Upon notification of the sale
- Verify that your lease is properly registered
- Request the contact details of the new landlord
- Confirm rent payment arrangements (new bank details)
- Keep all documents relating to the sale
Rent payment
Pay rent to the new landlord from the date of the sale. Request written notification of the change of beneficiary.
In case of a problem
If the new landlord does not respect the lease:
- Send a formal notice by registered letter
- Refer the matter to the justice of the peace to enforce your rights
- Lease registration is your best protection
For the legal aspects, see our guides on tenant rights and landlord obligations.