Buying a rented property in Belgium: lease, tenant, deposit

The lease follows the property

According to notaire.be, if the lease has a certain date before the purchase, “the buyer will be bound by the rights and obligations of the former landlord from the date of signing of the notarial deed”. You must therefore respect the lease as the original landlord did. To end it, you give the notice provided for: notaire.be mentions a notice period of 6 months for the buyer in this case, and points out that certain grounds make termination easier, such as personal occupation or major works. Notice without grounds remains possible against compensation.

In Wallonia, the decree on residential leases says the same thing (article 63, consolidated version of 1 June 2024): if the lease has a certain date before the sale, the buyer takes over the landlord’s rights and obligations from the notarial deed. Article 40 specifies that the buyer cannot evict a tenant whose lease is notarial or has a certain date, unless the lease reserves that right. The text consulted dates from June 2024 and indicates that a more recent version exists: check it with your notary.

Notaire.be advises asking for the lease before buying.

The certain date: the key point

According to notaire.be (2021 article), a lease has a certain date if it has been registered, if one of the parties has died, or if it has been recorded in an authentic instrument (bailiff’s writ, judgment, notarial deed). Registration therefore protects the tenant.

Note: tenants can have the lease registered without the owner knowing. Notaire.be advises enquiring at the registration office for the place where the property is located, or asking the notary to do so. In Brussels, the landlord is responsible for registration, and since 1 January 2025 residential leases must be registered on the Irisrent platform (be.brussels).

Without a certain date: the buyer’s notice

If the lease has no certain date, the rules are more flexible for the buyer (notaire.be):

• tenant in place for less than 6 months: you can end the lease without grounds or compensation;
• tenant in place for 6 months or more: you can give notice if you want to occupy the property yourself. The notice period is 6 months in Brussels and 3 months in Wallonia, provided the notice is served within 3 months of the deed in Wallonia (6 months in Brussels according to the 2021 article).

Once this period has passed, you lose this advantage and must respect the lease as the original landlord did. In Wallonia, the decree (article 63, second paragraph) specifies that the 3-month notice is given within 3 months of the notarial deed, “on pain of forfeiture”.

If the tenant is a trader or a farmer, a pre-emption right may exist. It allows them to buy in priority over the buyer, on the same terms.

Brussels: the tenant’s right of first refusal

For sales launched since 6 January 2024 (ordinance of 28 September 2023), the tenant under a main-residence lease of 9 years or more who has their domicile in the property has a right of first refusal. Short-term leases and sales between members of the same family are excluded (be.brussels).

The procedure:

1. the landlord gives notice of the intention to sell by registered letter with acknowledgement of receipt. The letter describes the property, the price and the terms. It is a non-negotiable offer;
2. the tenant has 30 days to accept or decline;
3. if the tenant declines or does not reply, the property can be put on the market;
4. if the property is then offered to another buyer at a lower price or on better terms, the tenant has 7 more days.

The notary and the estate agent must check that the tenant has been informed and, if not, do so themselves. The right also applies to public sales. If the right is ignored, the tenant can take action against the buyer to take their place, paying the price and costs, up to 1 year after the sale. As the buyer, you can then take action against the seller, the notary or the agent responsible. So ask the seller for proof of the notification before signing the sale agreement. For the content of the sale agreement, see the sale agreement guide.

The rental deposit

The rental deposit is a sum lodged by the tenant to cover their obligations. The ceilings are as follows:

• Wallonia: two months’ rent (decree, article 62, version of 1 June 2024);
• Brussels: two months’ rent for leases concluded or renewed from 1 November 2024 (be.brussels). The deposit can take five forms, including an individual account in the tenant’s name or a bank guarantee.

In Brussels, the bank releases the funds only with a written agreement between the parties concluded after the end of the lease, or with a copy of an enforceable court decision. The official pages we read do not explain how the deposit passes from the seller to the buyer. Ask the notary to set out in the sale agreement who holds the deposit, in what form and how it will be transferred on the day of the deed.

Rents and income

By taking over the lease, you take the landlord’s place. Three practical subjects:

• The rent: ask for proof of the rents paid and the date of the last payment. For rent revision, see the rent indexation guide;
• Taxes on the property: see the property tax and cadastral income guides;
• Purchase costs: a property bought to let does not benefit from the favourable regime for the sole and own home (habitation propre et unique). See the registration duties guide: the standard rate is 12.5% in Brussels and Wallonia, and 12% in Flanders.

To estimate your costs, use our purchase cost calculator. If you are borrowing, check your borrowing capacity.

Which professional to consult

The notary reads the lease, checks its registration and drafts the clauses of the sale agreement (tenant, deposit, right of first refusal). A licensed estate agent can organise viewings with the tenant’s consent. According to notaire.be (2021), the landlord can organise viewings, but never enters the home without the tenant’s consent: the times are agreed with the tenant. If the tenant refuses all viewings, the landlord can apply to the Justice of the Peace (juge de paix).