Principle: maximum 3 years

A short-term lease is a rental contract with a duration equal to or less than 3 years. It is an exception to the standard 9-year primary residence lease. The duration is freely determined by the parties, provided the 3-year ceiling is respected.

There is no statutory minimum duration: a lease may last 6 months, 1 year, or 2 years and 11 months. In practice, the most common durations are 1 year, 2 years, or 3 years.

The lease must explicitly state both the start date and the end date. Without a precise end date, a justice of the peace may interpret the contract as a 9-year lease.

Extension and renewal

A short-term lease may be prolonged through an extension, meaning a written addendum signed by both parties before the initial lease expires.

Extension rules:

  • The total duration (initial lease plus extensions) must not exceed 3 years.
  • There is no limit on the number of extensions (two one-year extensions, or three six-month extensions, for example).
  • The addendum must be written and signed by all parties.
  • The addendum must be registered with the FPS Finance within 2 months (free via MyRent).
  • The conditions of the lease remain the same, unless expressly changed in the addendum.

A one-year lease extended twice (1 year + 1 year + 1 year) reaches the 3-year limit. A fourth year would trigger reclassification as a 9-year lease.

Reclassification as a 9-year lease

Reclassification is the main risk of a short-term lease. It occurs in two scenarios:

Exceeding 3 years: if the cumulative duration (lease plus extensions) exceeds 3 years, the lease is automatically deemed to be a 9-year lease, considered to have started on the date of the original lease.

Remaining in the property: if the tenant stays after the expiry date without the landlord objecting and without a new contract, the lease is converted into a 9-year lease.

The consequences are significant for the landlord:

  • The tenant benefits from the enhanced protections of a 9-year lease.
  • The grounds for termination by the landlord become strictly regulated (personal occupation, major works, or without grounds subject to compensation).
  • The remaining duration is recalculated from the original start date.

To avoid this risk, use our online lease creator which automatically alerts you before each expiry date.

Regional specificities

All three Belgian regions apply the same principle of a 3-year maximum, with some nuances:

Brussels (2018 Ordinance): the short-term lease is explicitly provided for. Extensions must respect the 3-year limit. The rental guarantee is capped at 2 months (3 months if a bank guarantee is used).

Wallonia (2018 Decree): same duration rules. The Walloon decree requires a standard form for the inventory of fixtures. Rental guarantee: 2 months maximum (3 months if a bank guarantee is used).

Flanders (Woninghuurdecreet 2019): the short-term lease follows the same limits. Flanders requires a conformity certificate (conformiteitsattest) in certain municipalities. Rental guarantee: 3 months maximum.

In all three regions, lease registration is mandatory within 2 months via MyRent (free). For the general framework, see the short-term lease hub.