Is there a minimum duration for residential leases?
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The minimum period provided by local law is 3 years and the maximum period provided by local law is 20 years. However, legislation proposed by the government would allow the parties to freely determine the duration of leases.
The usual period arranged by the parties for residential leases, especially when dealing with apartments, is three years.
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Yes. The same rule applies in each of the three Regions.
A residential lease contract is in principle entered into for nine years by the parties. However, it is also possible to enter into a residential lease contract of ‘short duration’ ie for a duration less than or equal to three years. If this type of lease is not timely terminated by one of the parties (ie three months before the end of the term stipulated in the contract), then the contract is nevertheless deemed to have been entered into for nine years (ie one reverts back to the general rule). The parties are also free to conclude a written residential lease contract for a duration of more than nine years.
No. In theory you could enter into a short-term tenancy of one day.
According to the lease law, residential lease contracts do not have a minimum duration and can be adjusted by any term.
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No. However, if no duration is specified in the contract, it is understood to be for one year.
No.
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Generally, residential leases are open-ended and therefore entered into for an unlimited period of time. A fixed-term lease is only valid if the fixed term is justified by circumstances of the landlord, which is rarely the case for professional landlords.
Residential leases shall have a minimum duration of (i) three years if the landlord is an individual or a civil company held exclusively by parents and relatives up to the fourth degree or a joint ownership (indivision) and (ii) six years if the landlord is a company.
Short-term leases may be entered into for a duration of less than three years, subject to the two following conditions:
Additionally, new regulations have been introduced to better manage short-term rentals. From 2025, municipalities have the authority to limit the maximum period during which primary residences can be rented to tourists to 90 days per year, a reduction from the previous 120 days. This measure aims to address housing shortages and ensure the availability of long-term rental properties for residents.
Generally, residential leases must be concluded for an indefinite term.
It is possible to agree on a minimum duration for residential leases. In this case, the tenant and the landlord contractually agree not to terminate the lease agreement for a certain time period. The exclusion of the termination right has to be binding for both parties. In pre-formulated lease agreements, termination may not be excluded for more than four years, starting on the day of the conclusion of the lease agreement. Residential leases are usually concluded for an unlimited time. They can only be limited in term if it is a specific category of residential lease. Generally, a lease can be concluded for a limited time if, at the end of the lease:
The reason for the limitation has to be communicated to the tenant before the beginning of the lease.
Additionally, residential leases for the following spaces can be limited in term:
Generally, parties are free to determine the duration of residential leases and there is no limit as to the minimum or maximum duration of the lease term. However, under the Hotel and Guesthouse Accommodation Ordinance (Cap. 349), a hotel licence would be required for residential lettings with a term of 28 days or less, which would be in contravention with the user restriction typically imposed in residential premises by virtue of the applicable Deed of Mutual Covenant provisions which prohibit the premises from being used for commercial purposes. Therefore, residential leases will usually have a minimum term of 1 month.
For tenancies of subdivided unit (SDU) that are subject to Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7), a regulated cycle of SDU tenancies comprises of two consecutive “regulated tenancies”, each for a term of two years. A SDU tenant is entitled to be granted a second term tenancy after the first term tenancy of two years, thus enjoying a security of tenure of four years in total. Whilst the landlord cannot terminate the tenancy until the term expires (unless under certain circumstances specified in the Ordinance), the SDU tenant may opt to terminate the tenancy early after committing to the first year of each term of two years.
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Yes.
The minimum duration of the lease is determined on the basis of the specific residential needs underlying each single agreement.
Ordinarily, residential lease agreements having a freely determinable rent have a minimum mandatory duration of four years, renewable for a further four-year period (ie the “4+4” model), pursuant to the procedure set forth in the Residential Tenancy Law (this is the most common type and it may be used for almost all premises). Alternatively, the parties may provide for a shorter initial term (three years) followed by an additional two-year period, pursuant to the procedure set forth in the Residential Tenancy Law: in such a case, however, the parties are not free to negotiate the rent (“stabilized rent” agreements), since they are subject to the mandatory provisions of the local agreements entered into by and between the landlords’ and tenants’ associations pursuant to the Residential Tenancy Law.
In the case of a temporary residential lease agreement, the term must be not shorter than one month and not longer than eighteen months. It is worth noting that this contractual form can be used only in case of particular “temporary stay” needs of the landlord or of the tenant, which must be detailed in the lease agreement and must be compliant with those allowed in general by the aforementioned local agreements. These constraints do not apply in case of temporary leases entered into for touristic purposes: in such cases, no minimum duration is requested.
Lastly, lease agreements reserved to university students – which are, as already specified, a particular category of temporary residential lease agreements, which, under section 5, paragraph 2 of the Residential Tenancy Law, may be entered into only if the premises are located in a municipality in which a university is operating – are subject to a duration not shorter than six months and not longer than thirty-six months, renewable at the first expiry date, unless a termination notice is sent by the tenant at least one month and no later than three months before such expiry.
For an Ordinary Lease, the minimum duration is one year. An Ordinary Lease with a term of less than one year is deemed to be a lease without a prescribed period. For a Fixed-Term Lease, there is no minimum duration.
No. The parties will mutually agree on a tenancy agreement for a fixed term or an unlimited period. Barring exceptions, the tenancy agreement for residential accommodation that has been agreed for a fixed term of two years or longer however, will not terminate by operation of law. For more information, see 'Are there any categories of residential leases that are subject to specific laws (eg short-term leases for tourists; state supported leases for low income tenants; leases for students etc)?'
Technically there are no minimum duration requirements. However, fixed-term tenancies of less than 90 days are regarded as short fixed-term tenancies. In these tenancies, the standard rules about market rent, improvements rent, and notice to terminate do not apply.
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Yes, the main rule is that residential leases cannot be subject to less than three years lease, however, the tenant has a right to terminate the lease during this period unless otherwise expressively stated in the lease agreement.
Some specific groups of leases are exempt from the three-year minimum lease duration eg, if the landlord is planning to use the apartment for him- or herself.
Lease of residential premises may be concluded for a defined or undefined period of time. Lease agreement concluded for a term exceeding 10 years is deemed to be concluded for unlimited term. In the case of agreements concluded with entrepreneurs, the lease is deemed to be concluded for an unlimited period of time after a 30-years’ period. Such distinction is essential in terms of establishing termination period which are different by law in these two categories.
Defined lease periods relate to specific types of leases such as occasional leases, premises for temporary purposes or communal-flat leases. Generally establishing duration of residential leases should be approached on a case-by-case basis. For example, operation of apartment hotels is closer to hotels which are booked for short periods of time. Whereas residential leases are intended for satisfying housing needs which assumes a long-term lease.
Residential leases have a minimum of one year and a maximum of thirty years.
The limit does not apply to contracts for non-permanent housing or for special and transitory purposes, namely for professional, educational, training, or tourism reasons.
In this type of lease if the term is omitted, the contract is also deemed to be in force for a definite term of five years. The notice period for termination and opposition to renewal by the landlord and the tenant varies according to the length of the contract, for example if the contract has a length of more than one year and less than six years, the tenant may terminate the contract on 90-days’ prior notice and the landlord on 120-days’ notice. In Definite Term Leases, the landlord cannot freely terminate the contract at any time prior to the expiry of the term (except for termination based on the tenant’s default) and if the term is inferior to 3 years (in case of renewable leases), opposition to the renewal by the landlord at the end of the first validity period shall only be effective by the end of the third year of validity. The tenant however may terminate the contract after one third of the initial duration of the contract has elapsed, on 120-days’ prior notice if the contract has a length equal to or more than one year or 60-days’ prior notice if the contract has a length of less than one year.
The parties may agree that the contract, for all kinds of leases, will be automatically renewed at the end of its term, for the same period as before or for a different period of time (although some doctrine believe that under the recent legislative amendments, the Civil Code now imposes a 3-year minimum renewal period
There is no minimum duration for residential leases, however, there is a maximum duration of 49 years for all lease agreements. If the parties to the agreement establish a longer duration, it will be automatically reduced.
Lease agreements can also be concluded for indefinite periods of time. If no expiry date is provided for and the parties did not want to conclude the agreement for an undetermined period of time, the duration can be determined either by common practice or as per the provisions of the Civil Code.
No, the duration of residential leases can be freely agreed by the parties.
The term shall be freely agreed by parties. However, if the agreed term is less than a five-year term, or less than a seven-year term in case the landlord is a legal entity, upon the agreed lease agreement termination date, the same shall be automatically extended for additional one-year terms until the lease agreement reaches a duration of at least five years (or seven years if the landlord is a legal entity). The aforementioned extension periods shall be mandatory for the landlord, unless the tenant notifies the same its will not to extend the lease agreement with at least thirty days prior notice before the end of each yearly extension.
Once the first five-year term has elapsed (or the first seven-year term if the landlord is a legal entity), in the event any of the parties have notified the other its will not to extend the lease agreement (the landlord shall notify its will with a four-month prior notice, the tenant with a two-month prior notice), the lease agreement shall be extended for three additional one-year terms, unless the tenant notifies the landlord its will not to extend the lease agreement with at least one-month prior notice before the end of each yearly extension.
No, in theory you could enter into a short-term tenancy of one day.
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Technically, no. In theory you could enter into a short-term tenancy of 1 day. However, under the provisions of the Housing Act a possession order from the court can only be sought after six months. So this tends to be the minimum term to ensure proceedings can be brought immediately following breach.
There is no minimum duration for ‘private residential tenancies’ (the default type of tenancy in the private sector). There is a statutory implied condition in leases in excess of 20 years (subject to exceptions specified in the Land Tenure Reform (Scotland) Act 1974) that the property should not be used as a "private dwelling-house", but this implied condition does not apply to private residential tenancies.
The law does not specify a minimum duration for residential leases. That means that the duration of a lease agreement is determined by parties. In case the duration is not determined the lease agreement is deemed to be concluded for five years. The Civil Code of Ukraine also specifies the minimum term for parties to notify each other in case of unilateral termination of the lease agreement. The tenant shall notify the landlord on its intention to terminate the lease agreement not later than three months prior to such termination. The landlord is entitled to terminate the lease agreement only if he is going to live in the leased residence personally. In such a case he shall notify the tenant not later than two months before termination.
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