The key criterion: primary residence or not

Under Belgian tenancy law, whether a property is furnished does not change the lease duration rules. It is the designation of the dwelling as the tenant’s primary residence that determines the applicable regime.

Two situations arise:

  • Primary residence (PR): the furnished lease follows the same duration rules as an unfurnished lease. This applies to the vast majority of furnished lettings in Belgium.
  • Not the primary residence (non-PR): the lease falls outside the protective framework of the primary residence lease. The parties may freely agree on the duration.

This distinction is fundamental and must appear clearly in the contract. A lease that does not specify the intended use risks being classified as a primary residence lease by the court.

Furnished lease PR: 9 years or short-term

If the furnished property is the tenant’s primary residence, the standard rules apply:

9-year lease (default):

  • Statutory duration of 9 years, applicable when no duration is specified or where the duration exceeds 3 years.
  • The tenant may terminate at any time with 3 months’ notice.
  • The landlord may only terminate at the end of each triennial period (years 3, 6, 9) or on statutory grounds.
  • Automatic renewal at the end of the 9 years.

Short-term lease (max 3 years):

  • Duration agreed between the parties, up to 3 years.
  • Extension possible within the 3-year cumulative limit.
  • Beyond 3 years: automatic reclassification as a 9-year lease.

Furnished lease non-PR: freedom of contract

If the furnished property is not the tenant’s primary residence (pied-a-terre, company accommodation, second home, seasonal letting), the parties enjoy full freedom of contract:

  • Duration freely agreed: 1 month, 6 months, 1 year, 3 years or more.
  • No statutory minimum or maximum duration.
  • Termination conditions are set out in the contract.
  • No enhanced tenant protection (no triennial periods, no statutory compensation).

Common examples:

  • Furnished letting for expatriates (6 months to 2 years).
  • Company accommodation (duration of employment contract).
  • Professional pied-a-terre (renewable annual lease).
  • Holiday or seasonal letting (a few weeks to a few months).

Caution: if the tenant in fact establishes their primary residence at the property (domiciliation, mail delivery), the court may reclassify the lease as a primary residence lease, even if the contract provides otherwise.

Tacit renewal

The tacit renewal rules differ according to the regime:

Furnished lease PR (9 years): at the end of the 9 years, if neither party gives notice (6 months before expiry), the lease is tacitly renewed for a period of 3 years.

Furnished lease PR (short-term): if the tenant remains after expiry without the landlord’s objection, the lease is automatically converted into a 9-year lease. This is the classic trap of a poorly managed extension.

Furnished lease non-PR: tacit renewal depends on the contract clauses. If the lease provides for tacit renewal, it applies. Otherwise, the lease ends at expiry.

For a furnished lease with duration clauses tailored to your situation, use our online lease creator.