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Commercial Lease

Practical legal insights on commercial lease law in Belgium.

11 articles

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Landlord refuses commercial lease renewal: your rights

A landlord cannot simply refuse to renew your commercial lease. The law provides an exhaustive list of six grounds — outside those grounds, you are entitled to an eviction indemnity of at least three years' rent.

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Commercial lease granted by a usufructuary: beware of this pitfall

The new Book 3 of the Belgian Civil Code (Property Law) has created an underestimated risk: a commercial lease concluded by a usufructuary continues, after the end of the usufruct, for a maximum of only three years. A point of attention for families, real estate developers and investors.

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Fire in commercial premises: who is liable?

Who is liable when your commercial premises burn down? Belgian law places the burden of proof on the tenant, but recent case law and the upcoming Book 7 of the Civil Code significantly nuance that rule.

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Eviction compensation in commercial leases: how much are you entitled to?

Eviction compensation compensates the tenant for the loss of their business. The minimum is three years' rent, but the actual amount may be higher based on the concrete damage suffered.

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Terminating a Commercial Lease Early: Is It Allowed and What Does It Cost?

Terminating a commercial lease is possible but subject to strict formal requirements. One day late means the termination is invalid — sometimes with far-reaching financial consequences.

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Commercial premises without proper permits: what are your rights?

When you lease commercial premises without the required urban planning or environmental permits, the landlord breaches their delivery obligation. You can then seek termination of the lease, reimbursement of rent paid, and damages.

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Your landlord is selling the commercial premises: do you have to leave?

The sale of your commercial premises does not automatically terminate your lease. The Commercial Lease Act protects you through strict conditions under which the new owner can evict you.

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Commercial tenant not paying: how do you evict them?

Terminating a commercial lease for non-payment or nuisance requires proceedings before the Justice of the Peace. The breach must be sufficiently serious — and the law deliberately makes this difficult for landlords.

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Commercial lease rent review: adjusting the rent of a commercial premises

The Belgian Commercial Lease Act provides a mechanism to adjust the rent to new circumstances. Both tenant and landlord can request a review every three years, provided they can demonstrate a change of at least 15% in the normal rental value.

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Rent reduction in commercial leases due to force majeure or crisis: is it possible?

When force majeure — such as Covid-19, a natural disaster or a government measure — prevents the operation of your business, you may claim a rent reduction or even termination of the lease. Three recent Supreme Court judgments clarify how.

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