Audrey Bertolotti
Partner | Legal
Luxembourg Legal Services
Partner
Luxembourg Legal Services
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Insight
19 April 2024
Luxembourg Legal Services
1 min read
Team: Hélène Arvis, Olivia Collette
ON THIS PAGE
The Luxembourg reform of residential lease agreements took a turn this week, as the Luxembourg government approved major amendments to Bill 7642 on Monday 15 April 2024.
The previous government initiated the legislative process in 2020 to reform the residential lease law, proposing to cap rents to 3.5% of the capital invested in the property by the owner. However, the project hit several hurdles, mostly due to strong opposition.
To overcome these controversies and limit further delays to the introduction of Bill 7642 (the Bill), six major amendments have been adopted.
The government decided to entirely amend the provisions regarding the controversial rent ceiling reform and declared a new proposal may be issued following a wider consensus.
However, the following provisions are maintained in the Bill:
The Bill provides for specific legal provisions for shared accommodation and the establishment of a written co-tenancy pact to formalise the co-living situation, which are lacking in the current legislation.
The adopted amendments clarify that real estate agency fees are to be split equally between landlords and tenants. Tenants will no longer have to bear the full agency costs.
Any future residential lease agreements will have to be made in writing and contain mandatory written requirements. For example, the express mention of compliance with the legal ceiling of the annual rent.
The maximum legal amount of the rental guarantee is reduced from three to two months' rent. The Bill also introduces a legal framework for the restitution of the rental guarantee.
Considering the postponement of the rent ceiling reform, the concept of luxury housing, which originally made it possible to avoid the application of the rent cap, has been deleted.
The amendments have been formally incorporated into the legislative procedure, in order for the Council of State (Conseil d'Etat) to provide its opinion ahead of the final vote before the Parliament (Chambre des députés).
Audrey Bertolotti
Partner | Legal
Luxembourg Legal Services
Partner
Luxembourg Legal Services
Contact Audrey
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Hélène Arvis
Counsel | Legal
Luxembourg Legal Services
Counsel
Luxembourg Legal Services
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Olivia Collette
Managing Associate | Legal
Luxembourg Legal Services
Managing Associate
Luxembourg Legal Services
Contact Olivia
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This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
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