(Commercial) Lease Law
Lease law in Belgium is heavily regulated, but the rules vary depending on the type of lease: residential lease, commercial lease or general lease law. A poorly drafted lease agreement or a mishandled termination can seriously harm your interests — both as landlord and as tenant. Reius assists both parties with pragmatic legal advice.
What we do for you
- Drafting and review of lease agreements
- Guidance through the renewal procedure
- Termination of lease agreements
- Proceedings before the Justice of the Peace
- Disputes regarding rental damage, security deposits and inventories of fixtures
- Assignment of lease and subletting
- Rent review and indexation
Commercial lease law: legal framework
Commercial leases in Belgium are governed by the Act of 30 April 1951 on Commercial Lease Agreements (the 'Commercial Lease Act'), which applies as a specific regime alongside general lease law. The Act provides, among other things, for a minimum duration of 9 years. Where a shorter duration is agreed, the agreement is in principle extended by operation of law to 9 years — subject to the statutory exceptions (such as the Pop-up Decree in Flanders for short-term leases of up to 1 year). The tenant is in principle entitled to a maximum of three successive renewals, each for a period of 9 years, so that the total protection may in principle extend up to 36 years. The exact terms depend on the specific situation and the applicable provisions.
Critical deadlines in commercial leases
Renewal request: in principle no earlier than 18 months and no later than 15 months before the end of the current period, by registered letter or bailiff's writ. Landlord's response: the landlord must in principle respond within 3 months of receiving the renewal request. Rent review: possible every 3 years, in principle only where the normal rental value is at least 15% higher or lower than the contractual rent; through the Justice of the Peace. Termination by the tenant: in principle with a notice period of 6 months, before the end of each three-year period, by registered letter or bailiff's writ. ⚠ The deadlines for the renewal request are prescribed on pain of forfeiture. Always seek the assistance of a lawyer.
For whom?
Private landlords and tenants, real estate investors and managers, retailers and hospitality entrepreneurs in commercial leases, project developers, and companies renting or letting office or business premises.
Frequently asked questions
My tenant is not paying. What are my options?
You can in principle send a formal notice of default and subsequently initiate proceedings before the competent Justice of the Peace. Depending on the urgency and the measure sought, summary proceedings may also be considered. Reius will advise you on the most appropriate approach for your specific situation.
When is my commercial tenant entitled to an eviction indemnity?
This depends on the specific ground for refusal invoked by the landlord. In the event of refusal without a statutory reason, an indemnity of at least 3 years' rent is in principle due. Different rules apply for certain statutory grounds for refusal. A precise assessment requires analysis of your specific situation.
As a landlord, can I review the rent?
In commercial leases, a rent review is in principle possible every 3 years, through the Justice of the Peace, where the normal rental value is at least 15% higher or lower than the contractual rent. The exact conditions and terms depend on the specific situation.
I submitted my renewal request late. What now?
The consequences are legally complex and depend largely on the specific circumstances and the landlord's position. Contact Reius immediately to have your situation assessed and to discuss your options.
Do you have a question about (commercial) lease law? Contact us without obligation.
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