4 Types of leases according to legislation

Anyone who is going to rent an apartment or house signs a contract. There are different types of rental contracts in Flanders, each with a specific term. For example, there is a short-term or a long-term lease. In this article, we explain exactly how this works.

The 4 types of leases in Flanders

1. Short-term lease (≤3 years)

The first of the types of lease is the short-term lease. This contract is valid for 3 years or less. It has no minimum term. Usually the contract works with a number of months or years. So it is perfect for someone who is moving out on their own or living together for the first time and does not want to be tied to a property for a long time.

5 facts about short-term lease

You can only officially renew your contract once under the same conditions.
The short-term contract may last up to 3 years in total, but successive contracts need not have exactly the same duration.
You can end a short-term lease early, but it’s not free.
When terminating, you must allow for at least three months’ notice.
If you do not give timely notice before the expiration of 3 years, your contract will be converted to a standard long-term lease (9 years).

2. Long-term lease (9 years).

The second of the types of lease is a standard 9-year lease. A contract without a specific lease term or with a lease term between 3 and 9 years is automatically considered a standard lease.

5 facts about long-term lease

If you do not specify a term in the agreement, it automatically counts as a 9-year agreement.
If you want a different duration, this must be stated in the contract and the same rules apply as a 9-year contract.
The long-term lease ends when one of the parties gives notice of termination in time before the expiration date (per 3-6-9 years). The tenant has 6 months’ notice and the landlord 3 months’ notice.
If you want to continue renting, the standard lease is renewed under the same terms each time for a period of 3 years. Again, the same notice periods apply to both parties.
This contract used to be called the “3 6 9 agreement” because it can be terminated after 3, 6 or 9 years.

Types of leases_Rent with pen on table — Image: Lease with pen on table

3. Lease of more than 9 years

The third of the types of lease is a lease of more than 9 years. You enter into this one in a notarized deed at the notary. This contract has no maximum duration. However, the tenant and landlord, when signing the contract, must have in writing the exact total duration.

5 facts about lease over 9 years

There is no maximum term, but the term must be in the contract.
The tenant has a notice period of 3 months. This begins to run on the first day of the month following the month in which the notice was given.
The lease of more than 9 years is renewed each time for a new period of 3 years.
The tenant must pay a termination fee of:
- 3 months’ rent if the contract ends during the first year.
- 2 months’ rent if it ends during the second year.
- 1 month’s rent if it ends during the third year.
After the third year, the tenant must not pay a termination fee.

4. Lifetime lease

The last and longest of the 4 types of lease, is a lifetime lease. This contract must be concluded with a notary. It ends automatically when the tenant dies. The landlord cannot terminate a life lease early unless the agreement expressly provides for it. However, the tenant can terminate the lifetime lease by giving 3 months’ notice and paying a termination fee in the first 3 years.

5 facts about lifetime lease

A notarized deed is required.
The tenant has a notice period of 3 months. This begins to run on the first day of the month following the month in which the notice was given.
The tenant must pay a termination fee of:
- 3 months’ rent if the contract ends during the first year.
- 2 months’ rent if it ends during the second year.
- 1 month’s rent if it ends during the third year.
After the third year, the tenant must not pay a termination fee.
The contract ends when the tenant dies.

Types of leases_2 people take over house key — Image: 2 people take over house key

Sources: LeBonBail, Notary, Smovin & Flanders

Would you like to cite this article as a source? Then use:

Luyckx, S. (2024, Nov. 20). 4 Types of leases according to legislation. Apartment.be. Consulted on (date XX/XX/202X), from https://www.appartement.be/soorten-huurcontracten/

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