Le can the lessee and lessor terminate a short-term lease?before the deadline? When, how and under what conditions? What rules apply in different regions?

What is a short-term lease?

A standard lease is for 9 years, but the parties can agree to a shorter term.

For a lease to qualify as "short-term", it must be the subject of a written contract and be for a fixed term of 3 years or less (including extensions and renewals).

What are the rules in force in the Brussels-Capital Region?

It is important to remember that residential leases have been regionalised and are therefore no longer a federal matter.

The Brussels-Capital Region has introduced new regulations in the Brussels Housing Code which came into force on 1 January 2009.^er January 2018.

The provisions relating to early termination of a short-term principal residence lease apply to immediately to all leasesThis includes current contracts entered into before 1 January 2009.^irst January 2018.

A. For leases concluded for a term of less than 6 months :

In the Brussels-Capital Region, the Housing Code does not allow the parties to terminate a lease of less than six months in advance.

Therefore, unless extended, a lease of less than six months automatically terminates on expiry of the agreed term.

B. For leases concluded for a term of more than 6 months :

The tenant has the legal right to terminate the lease early, at any timebut insofar as it proceeds:

• payment of compensation equivalent to one month's rent;
• three months' notice.

The lessor has the legal right to terminate the contract early, after the 1st yearif they decide to occupy the property themselves or have it occupied by a close relative[1] provided it meets the following conditions:

• he must pay his tenant compensation equivalent to one month's rent;
• he must give his tenant three months' notice

It is important to note that the notice period will only start on the first day of the month following the month in which the notice is given.

What are the rules in force in the Walloon Region?

In the Walloon Region, the decree on residential leases of 28 March 2018 provided that the provisions on early termination of short-term leases of principal residence will apply only to leases entered into or renewed on or after 1^er September 2018.

Renewing a lease (as opposed to extending it) involves entering into a new lease or drafting new conditions.

A. Conclusion or extension of a lease before 1 January 2011^irstSeptember 2018 :

A short-term lease - in progress on 1^er September 2018 - will be subject to the former federal legislation on leases.

However, this law does not provide any possibility for the parties to terminate their short-term main residence lease prematurely, before the end of the agreed term. However, in this case, other alternatives are available to terminate the contract before its term:

• termination by mutual agreement between the lessee and the lessor or on the basis of a contractual clause expressly authorising termination under certain conditions.
• termination of the lease by a court decision (to the detriment of one of the parties).
• termination without notice or compensation if the lease has not been registered (and subject to certain conditions, such as prior formal notice sent by recorded delivery or bailiff)

B. Conclusion or renewal of a lease after 1 January 2011^irstSeptember 2018 :

The tenant has the legal right of early termination, at any timeby means of :

• compensation equivalent to one month's rent;
• and three months' notice.

The lessor has the legal right to terminate the contract early, after the 1st yearif they decide to occupy the property themselves or have it occupied by a close relative[2] provided it meets the following conditions:

• he must pay his tenant compensation equivalent to one month's rent;
• he must give his tenant three months' notice;

The notice will only take effect on the first day of the month following the month in which it is received by the lessor.

What are the rules in force in the Flemish Region?

Finally, the Flemish Region approved its decree on residential leases on 18 May 2018 and its new regulations came into force on 1 May 2018.^er January 2019.

Unlike other regions, the Flemish decree does not allow the lessor to terminate the lease early.

The tenant has the legal right to terminate the contract early, at any timeby means of :

• compensation equivalent to one and a half months', one month's or half a month's rent, depending on whether the lease ends in the first, second or third year;
• and three months' notice.

The notice will only take effect on the first day of the month following the month in which it is received by the lessor.

However, as long as the lease is not registered after the two-month period established by the Flemish decree for the registration of a lease exclusively assigned to a dwelling, both this notice period and this indemnity will not apply.

Sadri ELLOUZE