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.

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 departureCompensation
1st year1 month’s rent
2nd year0
3rd year0

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

CriterionShort-term lease9-year lease
Maximum duration3 cumulative years9 years + renewal
Triennial periodsNoYes (3 and 6 years)
Tenant’s notice3 months3 months
Maximum compensation1 month (1st year)3 months (1st year)
ReclassificationIf > 3 yearsN/A
Typical useTemporaryLong-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.