What is the Rural Leases Law?

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When an owner rents a property or part of it for agricultural, livestock or forestry use, we speak of a rustic lease. Learn in this article what the Rural Lease Law is that regulates these contracts, a regulation that differs from the well-known Urban Lease Law .

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What is a rural lease and what laws govern it?
Law 49/2003 on Rural Leases defines this type of Belgium Email List rental as “contracts through which one or more properties, or part of them, are temporarily transferred for agricultural, livestock or forestry use in exchange for a price or rent.” “ Leases of agricultural, livestock or forestry holdings ” will have the same consideration.

Contracts are governed by what the parties have agreed to as long as it does not contradict the Law. Failing this, the provisions of the Civil Code will apply.



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What does the Rural Leases Law say?
The Rural Leases Law establishes the rights and obligations of owners and tenants of properties of this nature. Below, we break down some of the conditions established by this law.

Contract duration
Lease contracts will have a minimum duration of 5 years , by law. If the parties agreed on a shorter duration, it would be considered a void clause.

The owner must notify that he wishes to recover possession of the property, 1 year in advance of the expiration of the contract. Otherwise, the contract will be automatically extended for a period of 5 more years.

Income
Owner and tenant may freely stipulate the amount of rent . It must be in money; If you want to fix it in kind, it must be converted to money.

Regarding the updating of income , the parties can establish the review system they want. Otherwise, no rent review will be applied.

Works and improvements
Both parties are obliged to allow works, repairs and improvements that the other party can or must carry out , and in any case they will be carried out at the time of year and in the manner that least disturbs them.



The owner is obliged to carry out and pay for all the works and repairs that are necessary to maintain the condition of the property for its use. He will not have the right to increase the rent for it.


The tenant , for his part, must carry out and pay for those works necessary for the normal performance of the agricultural activity , as well as those imposed by law. If the works are carried out with the consent of the landlord, the tenant may request compensation at the end of the contract for the increase in the value of the property due to the improvements made.

Exceptions
There are some rentals that are exempt from the Law :

Seasonal (less than the agricultural year).
Land that the owner had already tilled and prepared for sowing or planting.
Of properties acquired for reasons of public utility or social interest.
Of communal property , property of local corporations and neighborhood forests in common hands.
That have as their objective:
The use of stubble , secondary pastures, plowed meadows, montaneras and others of a secondary nature.
The use of fallow lands .
The hunt .
Industrial-type livestock farms .
Any activity that is not agricultural, livestock or forestry.
Termination of the contract by the lessor
The owner may terminate the contract for any of the following reasons:

Non-payment of rents.
Failure to comply with the obligations to improve or transform the property to which the tenant has committed.
Use of the property other than that provided for in the contract.
Subleasing.