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Can an owner rent an empty apartment for less than 3 years?

Verified 10 January 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Yes. By way of derogation from the rules term of lease for an empty rental unit, it is possible to sign a lease of less than 3 years if the following 2 conditions are met:

  • The lease will have a minimum duration of 1 year
  • A specific professional or family event justifies this.

This event can be, for example, the will of the owner

  • to return to his dwelling in view of his next retirement,
  • or to make the accommodation available to one of his children to enable him to continue his studies.

Warning  

the reason for a shorter lease term must be specified in the lease agreement.

Under a short lease, the landlord is required to notify the tenant of the event:

  • at least 2 months before the end of the contract,
  • and by registered letter with acknowledgement of receipt.

If the event is delayed, the owner may propose the postponement of the contract term:

  • at least 2 months prior to the originally scheduled expiry of the contract,
  • and by registered letter with acknowledgement of receipt.

Only one postponement is possible.

FYI  

where the event has not occurred or is not confirmed, the lease is considered a 3-year lease.