The Primary Residence Lease
Types of Lease
| Type | Duration | Landlord Termination | Tenant Termination |
|---|---|---|---|
| 9 years (default) | 9 years | Limited cases (see below) | 3 months' notice + decreasing compensation |
| Short-term | 1 to 3 years max | Not possible (unless clause) | 1 month compensation |
| Student | Max 12 months | Not possible | Specific conditions |
| Co-tenancy | Variable | According to pact | According to pact |
Lease Registration
| Aspect | Detail |
|---|---|
| Mandatory | Yes, for all primary residence leases |
| Free | Yes |
| Deadline | 2 months after signing |
| How | Online via MyMinfin |
| Documents | Signed lease + entry inventory |
Landlord's Notice (9-year lease)
| Reason | When | Notice | Compensation |
|---|---|---|---|
| Personal occupation | At any time | 6 months | None (after 3rd year) / 9-18 months (before) |
| Major works | End of triennial period (3rd, 6th year) | 6 months | None |
| Without reason | End of triennial period only | 6 months | 9 months (end of 1st) / 6 months (end of 2nd) |
Tenant's Notice (9-year lease)
| Year of Departure | Notice | Compensation |
|---|---|---|
| 1st year | 3 months | 3 months' rent |
| 2nd year | 3 months | 2 months' rent |
| 3rd year | 3 months | 1 month's rent |
| From the 4th year | 3 months | None |
Security Deposit
| Region | Maximum (all forms) |
|---|---|
| Brussels | 2 months' rent (since Nov. 2024) |
| Wallonia | 2 months (blocked account) or 3 months (bank guarantee) |
| Flanders | 3 months' rent (all forms) |
Landlord's Obligations
- Deliver a compliant property meeting regional habitability standards
- Major repairs are the landlord's responsibility (roof, boiler, structure)
- Peaceful enjoyment guaranteed to the tenant
- Valid EPC certificate before putting the property on the market
- Contradictory entry inventory (mandatory)
- Registration within 2 months
- Landlord insurance (recommended)
Property Inventory
| Aspect | Rule |
|---|---|
| Mandatory | Yes |
| When | Before entry or within the 1st month |
| How | Contradictory (both parties present) |
| By whom | Expert (surveyor) or mutual agreement |
| Without inventory | Tenant is presumed to have received the property in good condition |
Service Charges
| Type | Advantage | Disadvantage |
|---|---|---|
| Flat fee | Simple, no settlement | Risk of underestimation |
| Provisions + settlement | Fair, based on actual costs | Accounting required |
Recoverable charges: water, collective heating, common areas, elevator, waste collection
Non-recoverable charges: major repairs, building insurance, property tax
Regional Specificities
BBrussels
- Student lease and co-tenancy regulated since 2018
- Habitability standards: DIRL
- Brussels Housing Code
- Official lease templates
WWallonia
- Walloon decree of 15 March 2018
- SPW Logement: Wallonie — Renting a property
VFlanders
- Vlaams Woninghuurdecreet
- Quality standards: Woninghuur Vlaanderen
- Security deposit max 3 months (all forms)
Official Links
- Belgium.be — Housing and rental — Federal framework
- MyMinfin — Registration — Free procedure
- Bruxelles Logement — Brussels rules
- Wallonie — Renting — Walloon framework
- Woninghuur Vlaanderen — Flemish framework
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