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Residential lease agreement template for Luxembourg

Residential leaseContrat de bail à usage d'habitation

A written lease for a home let to an individual, under the amended law of 21 September 2006 as reformed on 1 August 2024. It covers the parties, the home, the term, the rent within the 5% cap, charges, the 2-month deposit, the entry inventory, repairs, termination and the 50/50 agency fees.

Use it when you let a flat, a house or a room as a home to one or more individuals, unfurnished or furnished. Do not use it for a second home, a business let, a hotel room or affordable housing let by a social landlord: the 2006 law does not apply to them, or applies only in part. For a flat-share where the tenants want the legal co-tenancy regime, the landlord must expressly agree, and the tenants must sign a co-tenancy pact (pacte de colocation) among themselves no later than the day they sign the lease. The lease must state the date of the pact. Clauses that try to set aside the 2006 law have no effect.

Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.

Key facts

Applies to
Whole country. Leases signed from 1 August 2024. Affordable housing let by a social landlord follows other rules.
Written lease
Mandatory for leases signed from 1 August 2024, on pain of nullity (loi du 21.09.2006, art. 5).
Rent cap
Annual rent of at most 5% of the capital invested in the home. The capital is revalued (art. 3).
Capital of an older building
From 15 years old, the capital drops 2% per further 2 years, unless the landlord proves equal upkeep spending (art. 3).
Rent changes
At most once every 2 years and by at most 10% each time (art. 3, paragraph 5).
Deposit
At most 2 months' rent, or 3 for leases signed before 1 August 2024. The landlord cannot refuse a bank guarantee (art. 5, paragraph 2).
Deposit return
Half within 1 month of the keys, if the exit inventory matches and nothing is owed (art. 5, paragraph 2bis).
Rest of the deposit
Within 1 month of the charge statements. Late return: 10% of monthly rent per month started, after formal notice (art. 5, paragraph 2bis).
Agency fees
Split equally between landlord and tenant, whoever hired the agent (art. 5, paragraph 1).
Furniture supplement
At most 1.5% per month of the invoices for furniture less than 10 years old (art. 3, paragraph 1).
End of the term
The lease continues as an open-ended lease unless the landlord has a legal ground. A sale of the home is not a ground (art. 12).
Notice
Tenant: 3 months, unless the lease sets more (Code civil art. 1736). Landlord, for own or family use: 6 months (art. 12, paragraph 3).
Rent disputes
Rent commission, after a written notice and 1 month without agreement. Not in the first 6 months of the lease (art. 8).

The document

Text shown

You sign the French version. The English version helps you understand it. Your answers fill both.

Residential lease

  1. 1.Parties

    1. 1.1

      Between Landlord, hereinafter "the landlord",

      Landlord: name, date of birth, address, or company name, RCS number, seat and representative. Each tenant: name, date of birth, nationality, current address.

    2. 1.2

      and Tenant or tenants, hereinafter "the tenant", jointly and severally liable if there are several,

      Legal co-tenants are jointly liable by law and must also sign a co-tenancy pact. Spouses or registered partners renting together are not a co-tenancy.

    3. 1.3

      Optional

      With the landlord's express consent, the tenants opt for the co-tenancy regime set by articles 2bis to 2sexies of the amended law of 21 September 2006. They signed a co-tenancy pact among themselves on Date of the co-tenancy pact.

      Keep only for a legal co-tenancy. The law requires one written lease for all co-tenants, stating the pact date, and a living or sanitary room shared by all.

    4. 1.4

      the following has been agreed, under the amended law of 21 September 2006 on residential leases.

  2. 2.Premises let

    1. 2.1

      The landlord lets to the tenant a home located at Address of the home, registered in the cadastre as Cadastral reference, comprising the following rooms: Rooms and parts let.

      The address, the cadastral reference and every room and part let are mandatory content.

    2. 2.2

      The lease also includes the following annexes for the tenant's sole use: Annexes for the tenant's sole use, and the use of the following common parts: Common parts the tenant may use.

  3. 3.Use

    1. 3.1

      The home is let as the main residence of the tenant and of the following persons: People who will live in the home. The tenant may not change its use without the landlord's written consent.

  4. 4.Term

    1. 4.1

      Optional

      The lease is made for a fixed term of Fixed term, starting on Start date of the lease and ending on End date of the fixed term. At its end it continues for an indefinite term, unless it is terminated in the cases and forms set by article 12 of the amended law of 21 September 2006.

      Keep this clause or the next, not both. During a fixed term the tenant can leave early only if the landlord agrees or a clause allows it, like the one below.

    2. 4.2

      Optional

      The lease is made for an indefinite term starting on Start date of the lease.

      An open-ended lease lets the tenant leave at any time with 3 months' notice.

    3. 4.3

      Optional

      By way of exception, the tenant may terminate the lease before its term with three months' notice, sent by registered letter with acknowledgement of receipt, in case of a work transfer abroad or loss of employment, on presentation of proof.

      This is the clause known as the diplomatic clause. The law does not provide it. Without it, a tenant on a fixed term cannot leave early on these grounds.

  5. 5.Rent

    1. 5.1

      The monthly rent is set at Monthly rent without charges euros, charges not included.

    2. 5.2

      The landlord declares that the annual rent does not exceed 5% of the capital invested in the home, revalued and depreciated in accordance with article 3 of the amended law of 21 September 2006, and that the supporting documents are available to the tenant.

      The landlord must prove the invested capital. Use the ministry's brochure and calculator to check the figure before signing.

    3. 5.3

      The rent may be adapted only once every two years. Each increase may not exceed 10%.

      Do not add an automatic indexation clause. The tenant can end it for the future by a registered complaint.

    4. 5.4

      The parties may refer the matter to the rent commission in accordance with article 8 of the amended law of 21 September 2006 in case of a dispute on the setting of the rent.

      This statement is mandatory content of the lease.

  6. 6.Charges

    1. 6.1

      Optional

      In addition to the rent, the tenant pays a monthly advance on charges of Monthly advance on charges euros. Each year the landlord draws up a statement of the costs actually incurred on the tenant's behalf and supports it with documents.

      Keep this clause or the next one, not both. The parties may switch between advances and a flat rate during the lease.

    2. 6.2

      Optional

      In addition to the rent, the tenant pays a monthly flat rate for charges of Monthly flat rate for charges euros, matching the tenant's normal consumption and charges.

      A flat rate is not settled at year end. It can be adapted during the lease.

    3. 6.3

      Only the costs of energy consumption, routine upkeep of the home and the common parts, minor repairs and the taxes linked to the use of the home may be charged to the tenant. Shared charges are divided as follows: How shared charges are divided.

      The landlord pays property tax, building insurance, the energy certificate and major repairs. The tenant may ask for extracts of the co-ownership charge rules.

  7. 7.Furnished home

    1. 7.1

      Optional

      The home is let furnished. In addition to the rent, the tenant pays a furniture supplement of Monthly furniture supplement euros per month, which does not exceed 1.5% of the total invoices for furniture less than ten years old, namely Furniture invoices under 10 years old euros. An inventory of the furniture is attached to the lease.

      Delete for an unfurnished home. A fitted kitchen counts in the invested capital, not in the furniture supplement.

  8. 8.Services

    1. 8.1

      Optional

      The landlord provides the tenant with the following services, whose monthly cost is separate from the rent: Services and their monthly cost.

      When the landlord offers services, the lease must show the rent and the monthly cost of each service separately. Delete if there are none.

  9. 9.Payment

    1. 9.1

      The rent, the charges and, where applicable, the furniture supplement and the cost of services are payable monthly in advance, no later than day Day of the month the rent is due of each month, to account Landlord's IBAN.

  10. 10.Deposit

    1. 10.1

      To secure the performance of the tenant's obligations, the tenant provides a deposit of Deposit euros, not exceeding two months' rent, in the following form: Form of the deposit. The landlord may not refuse a bank guarantee.

      The ministry counts the 2 months on rent without charges.

    2. 10.2

      At the end of the lease, if the exit inventory matches the entry inventory, apart from normal wear and ageing, and no rent or damage is owed, half of the deposit is returned within one month of the return of the keys. The balance, less duly justified sums, is returned no later than one month after receipt of the charge statements or approval of the co-ownership accounts.

      After a registered formal notice from the tenant, each month started late adds 10% of the monthly rent to the sum owed.

  11. 11.Inventory

    1. 11.1

      A written entry inventory is drawn up jointly and signed by the parties no later than the day the tenant takes possession. It is attached to this lease. An exit inventory is drawn up in the same way when the keys are returned.

      Mandatory when a deposit is agreed. Without it, the tenant is presumed to have received the home in good repair, but the deposit cannot cover damage.

  12. 12.Upkeep and repairs

    1. 12.1

      The tenant uses the home with reasonable care. The tenant carries out routine upkeep and minor repairs, except those caused by normal wear, ageing or force majeure.

    2. 12.2

      The landlord keeps the home in a condition that meets the criteria of health, hygiene, safety and habitability and bears major repairs. The tenant reports any damage or necessary repair to the landlord without delay.

      A tenant who fails to report a problem that then gets worse can be liable for damages.

    3. 12.3

      The tenant allows access to the home for necessary works and for viewings, on days and at times agreed in advance.

  13. 13.Assignment and subletting

    1. 13.1

      Optional

      Assignment of the lease is prohibited. Subletting, in whole or in part, is allowed only with the landlord's prior written consent.

      Assignment is allowed unless the lease expressly forbids it. Delete this clause to allow it.

  14. 14.Insurance

    1. 14.1

      Optional

      The tenant insures the tenant's liability for fire and water damage for the whole term of the lease and gives the certificate to the landlord on request.

      The law does not require tenant insurance, but the tenant is liable for fire and water damage unless the tenant proves no fault. Most landlords ask for it.

  15. 15.Termination

    1. 15.1

      The tenant may terminate the lease with three months' notice, by registered letter with acknowledgement of receipt. During a fixed term, the termination takes effect at the earliest at the end of the term.

      The law sets 3 months unless the lease sets a longer period. Registered letter is the safest proof.

    2. 15.2

      The landlord may terminate the lease only in the cases set by article 12, paragraph 2, of the amended law of 21 September 2006: need of the premises to occupy them personally or have them occupied by a relative or in-law up to the third degree, breach of the tenant's obligations, or other serious and legitimate reasons. A transfer of ownership is not a serious and legitimate reason.

      For own or family use the notice is 6 months, by a reasoned registered letter that must quote the text of article 12, paragraph 3, or it is void.

  16. 16.Agency fees

    1. 16.1

      Optional

      The fees of the estate agent involved in the letting, totalling Total agency fee, in euros including VAT euros including VAT, are shared equally between the landlord and the tenant.

      The 50/50 split is mandatory whoever hired the agent. Delete if no agent was involved.

  17. 17.Energy performance

    1. 17.1

      The home has a valid energy performance certificate. Energy performance and thermal insulation classes: Energy and insulation classes. A certified copy is given to the tenant.

      A certificate is mandatory when a new tenant moves in. Listings must show the two classes.

  18. 18.Special conditions

    1. 18.1

      Special conditions: Other special conditions.

      A clause that deprives a provision of the 2006 law of its effect is void. A ban on pets is allowed if written here.

  19. 19.Annexes

    1. 19.1

      Attached to this lease are: the entry inventory, the certified copy of the energy performance certificate, where applicable the furniture inventory, and, at the tenant's request, the extracts of the co-ownership rules on the use of the building, the use of the private and common parts and the share of charges of the let unit.

  20. 20.Signatures

    1. 20.1

      Made at Place of signature, on Date of signature, in as many originals as there are parties. Signature of the landlord and of each tenant, preceded by the words "read and approved".

Formalities

  1. The lease must state the full identity of all parties, the start date, and all rooms and parts let, with the address and cadastral reference.
  2. It must also state the rent without charges, the charge advances or flat rate, any furniture supplement and any deposit.
  3. It must state that the parties can refer a rent dispute to the rent commission.
  4. Make one original per party.
  5. With a deposit, a written entry inventory signed by both parties is mandatory, at the latest on the day the tenant moves in.
  6. Give the tenant a certified copy of the energy performance certificate.
  7. The law bars tying the lease to any payment other than rent, apart from the deposit it allows and the shared agency fee.

Common mistakes

  • Setting the rent from the market without checking the 5% cap. The tenant can ask the rent commission to cut the rent after the first 6 months.
  • Asking for more than 2 months' rent as deposit, or refusing a bank guarantee.
  • Charging the whole agency fee to the tenant. The law splits it 50/50, and a clause to the contrary is void.
  • Taking a deposit without a signed entry inventory. Without it, the deposit cannot cover damage.
  • Adding an automatic indexation clause. The tenant can stop it for the future with a registered letter.
  • Believing a fixed term ends the lease. At its end the lease continues unless the landlord has a legal ground, and a planned sale is not one.
  • Asking the tenant to sign a new lease at each rent increase. The law does not require it, and the ministry treats it as an unfair practice.
  • Calling the home a luxury home to escape the rent cap. That exemption ended on 1 August 2024.

Legal basis

Sources

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