What is a short-term lease?
A short-term lease is a residential tenancy agreement lasting less than 3 cumulative years, intended for the tenant’s primary residence. It differs from a standard residential lease in several ways:
- A maximum duration of 3 years (renewals included).
- A more flexible structure without triennial periods.
- Simplified termination rules.
- Reduced compensation in case of early departure.
The short-term nature must be explicitly stated in the contract; otherwise, it may be reclassified as a 9-year lease.
Belgian legal framework
Since 2014, residential tenancy law has been a regional competence:
- Wallonia: decree of 15 March 2018.
- Brussels: ordinance of 27 July 2017.
- Flanders: Woninghuurdecreet (Housing Rental Decree) of 9 November 2018.
The three frameworks agree on the basic principles but diverge on details (deposit, indexation, EPC thresholds). A 1-year lease is subject to the regional rules of the location where the property is situated.
Duration and renewal
The 3-year rule
The duration may not exceed 3 cumulative years. This limit includes the initial term, extensions, and addenda. Beyond this threshold, the lease is automatically reclassified as a 9-year lease.
Renewal and extension
A renewable 1-year lease may be extended, provided the cumulative end date does not exceed 3 years. Renewal is effected through a written addendum. A tacit continuation beyond 3 years triggers reclassification.
Notice period and termination
Tenant’s notice
The tenant may terminate the lease at any time with 3 months’ notice. Notification must be sent by registered letter.
Landlord’s notice
The landlord cannot unilaterally terminate the lease except for personal occupation or major works. The notice period is 6 months.
Termination by mutual agreement
Both parties may agree to end the contract at any time in writing. This is the simplest approach.
Early termination compensation
| Time of departure | Compensation |
|---|---|
| 1st year | 1 month’s rent |
| 2nd year | 0 |
| 3rd year | 0 |
This compensation is lower than under a 9-year lease (3/2/1 months). The short-term lease offers tenants greater flexibility.
Types of short-term leases
- Pop-up lease: temporary retail spaces for 1 to 12 months.
- Seasonal lease: summer or winter rental.
- Student lease: aligned with the academic year (10-12 months).
- Transitional lease: between two homes.
- Professional assignment lease: short-term secondment, internship, or mission.
Each type falls under the same general legal framework. For the template: short-term lease template.
Differences with the 9-year lease
| Criterion | Short-term lease | 9-year lease |
|---|---|---|
| Maximum duration | 3 cumulative years | 9 years + renewal |
| Triennial periods | No | Yes (3 and 6 years) |
| Tenant’s notice | 3 months | 3 months |
| Maximum compensation | 1 month (1st year) | 3 months (1st year) |
| Reclassification | If > 3 years | N/A |
| Typical use | Temporary | Long-term |
Regional specificities
Wallonia
Decree 2018, deposit 2 months, annual indexation, EPC thresholds since 2023.
Details: short-term lease Wallonia.
Brussels
Ordinance 2017, deposit 3 months, bilingualism FR/NL, 19 municipalities.
Flanders
Woninghuurdecreet 2019, deposit 3 months, Dutch language requirements.
Registration and mandatory clauses
Every short-term lease must be registered with the FPS Finance within 2 months. Registration is free via MyRent. Without registration, the tenant may leave without notice or compensation.
Mandatory clauses:
- Full identity of landlord and tenant.
- Property address.
- Precise duration and end date.
- Rent and payment terms.
- Rental deposit.
- EPC certificate.
- Explicit mention of “short-term lease”.
Without an explicit mention, the lease risks reclassification. For a compliant lease: create a lease online.