Commercial leases tailored to your business: how duration determines the legal playing field

Commercial leases tailored to your business: how duration determines the legal playing field

The duration of a commercial lease agreement determines not only the pace, but also the rules of the game between tenant and landlord. While a pop-up lease is the ideal trial run, short and flexible, a traditional commercial lease offers a secure framework for establishing a business on a long-term basis. But which duration corresponds to which regime? And what rules apply to renewal and termination? Lawyers Stefanie Claeys, Marlies Janssens and Dorien Avaux explain what the term of a commercial lease means in practice.

Two commercial lease regimes, each with its own logic

As you could read in the first article in this series, every lease or rental of commercial premises automatically falls under one of two legal frameworks:

• Pop-up lease: a flexible regime for agreements of up to one year, regulated by the Flemish pop-up decree.
• Traditional commercial lease: a long-term agreement of at least nine years, subject to the mandatory provisions of the Commercial Lease Act.

The chosen duration not only determines the rhythm of the collaboration, but also which legal regime applies, what protection you enjoy and what obligations apply.

Questions about commercial leases? In February 2026, NOMA is organising two live seminars in Brussels and Bruges. Leave your details here and we will be happy to keep you informed.

Pop-up rental: short and sweet entrepreneurship

Whether it's testing a new concept, exploring a temporary location or responding to seasonal peaks, pop-up rentals give entrepreneurs the flexibility to switch gears quickly. The legal framework remains deliberately light, yet clearly defined.

#1.Lease agreement for a maximum of one year

A pop-up agreement can be concluded on a one-off basis or for consecutive periods, as long as the total term does not exceed twelve months. If that limit is exceeded, the agreement automatically qualifies as a nine-year commercial lease, with all the rights and obligations that go with it.

‘The twelve-month limit acts as a pivot point: as soon as you exceed it, the full commercial lease regime automatically applies.’

Termination of pop-up leases: only by the tenant

The tenant can terminate the lease at any time with one month's notice, by registered letter or bailiff's writ. The landlord has no option to terminate the lease during its term.

Traditional commercial lease: a long-term partnership

Anyone who wants to build a long-term business will automatically end up with a traditional commercial lease. This regime offers the necessary security: the lease agreement runs for at least nine years. A longer term is possible, but only with a notarial deed.

#1. What about the early termination of a commercial lease?

A commercial lease agreement can be terminated during its term, but the rules clearly differ for tenants and landlords. Please note: in both cases, the notice periods are expiry dates, so it is very important to adhere strictly to these deadlines. Failure to comply with the expiry date constitutes a “breach” and termination is no longer possible.
 

#2.Tenant's right to terminate the contract

As a tenant, you automatically have the right to terminate the contract every three years. This right is mandatory and cannot be excluded. The conditions are simple:

• you must give at least six months' notice,
• by registered letter or bailiff's writ.

This gives companies the flexibility to make adjustments when their activities change or a different location is more suitable.

Landlord's right of termination

The rules are stricter for landlords. Termination every three years is only possible if:

• the contract expressly allows it,
• there is a legitimate and limited reason (usually because the landlord wants to use the property for their own business),
• and the notice of termination is given at least one year in advance by registered letter or bailiff's writ.

Strict termination conditions are intended to prevent a trader who is developing his business from being abruptly evicted from his premises.’

#2. Lease renewal: a right that lasts more than one lifetime

In principle, a commercial lease ends after nine years, but the tenant has an important tool at their disposal: the right to renew the lease up to three times, each time for another nine years.

How does the lease renewal application work?
 

• The tenant must submit a formal application between 18 and 15 months before the end of the current term. Here too, this deadline is set in stone: the right to lease renewal expires as soon as the legal deadline is not met. It is therefore essential to adhere strictly to this deadline.
• The application is strictly regulated and must comply with all legal formal requirements.
• If submitted correctly, the landlord can only refuse on the basis of limited grounds, often linked to personal use or reconstruction. In certain cases, an eviction compensation of one to three years' rent is payable. 
   

Please note: from a legal perspective, a renewal creates a new tenancy agreement. Securities such as guarantees are not automatically transferred: if you wish to retain them, you must expressly re-register them

Commercial lease vs. pop-up lease: a well-considered term is the start of a balanced partnership

Whereas a pop-up lease offers flexibility for testing purposes, a traditional commercial lease provides a stable framework, provided that the contracts are carefully and fairly drafted.

Are you unsure about the right approach for your commercial property? Or are you about to rent or let a new commercial space? NOMA is here to help. Our solicitors assist tenants and landlords with clear advice and watertight agreements.

In February 2026, NOMA will also be organising two live seminars on commercial leases, in Brussels and Bruges. Leave your details here and we will be happy to keep you informed.