Skip to content

Renting

Registering a lease: who must do it, and what is at stake?

Registering a residential lease is free and falls to the landlord, within two months. What it protects, how to do it, and what happens when it is missing.

Registering a lease means having it recorded with the registration administration. For a residential lease it is free, it is mandatory, and the obligation rests on the landlord — not the tenant.

The deadline: two months

The landlord has two months from signing to have the contract registered. The inventory of fixtures, where one exists — and one always should — is registered at the same time, also free of charge.

Registration is done online through the FPS Finance application, or by filing the contract at the competent office.

What registration protects

The tenant, first. A registered lease is enforceable against third parties: if the owner sells the property, the buyer takes over the lease on the same terms and cannot evict the tenant to occupy the home, except under the conditions set out in the lease itself.

An unregistered lease offers no such protection. The buyer can, in certain conditions, terminate it more easily.

The landlord too. Registration gives the contract a certain date and avoids disputes over the exact wording of the clauses.

The penalty: a tenant who can leave without notice

For a main-residence lease, as long as the contract is not registered, the tenant can terminate it without notice and without compensation. They leave when they choose, and the landlord has no recourse for the remaining term.

That penalty ends as soon as registration is completed. It is an incentive, not a fine: it disappears when the obligation is met.

Residential lease, commercial lease: do not confuse them

Free registration applies to leases used exclusively for housing. A commercial lease, an office lease or a mixed lease fall under a different regime, with proportional registration duty. Check how the contract is qualified before assuming registration will be free.

In practice, for a landlord

  1. Sign the lease and draw up the inventory of fixtures jointly.
  2. Gather the signed contract and the inventory.
  3. Register both together, online, within two months.
  4. Keep the registration receipt with the property file.

In practice, for a tenant

You have nothing to do, but you can check. If the lease is not registered after two months, tell the landlord in writing: in the vast majority of cases it is an oversight, and putting it right protects both parties. If the landlord does not act, you can register the lease yourself — the administration accepts it.

Sources

Registering a lease: who must do it, and what is at stake? | Kiadah