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The SCI lessor
The lessor
Many SCIs are set up to manage real estate assets and in particular rental properties.
For residential rentals constituting the tenant's main residence, the law of 6 July 1989 lays down special rules when the lessor is a legal person.
The "family" SCI
When the partners of the SCI are all members of the same family and are relatives or allies up to and including the 4th degree, the sci lessor is treated as a natural person.
• The lease is concluded for at least 3 years,
• It is possible to conclude a lease of reduced duration, when one of the partners needs to take over the accommodation for professional or family reasons,
• It is possible to ask for a guarantee, just as a natural person lessor could request,
• It is possible to give leave to take over the property for the benefit of one of the partners of the SCI.
Other forms of IBS
When the SCI is not exclusively constituted between parents and allies up to and including the 4th degree, different rules apply:
• The lease is concluded for a period of 6 years per month,
• It is not possible to establish a lease for a reduced period,
• The guarantee can only be requested if it is provided by an organization whose list is fixed by law (FSL, organization managing the 1% employer ...) or if the accommodation is rented to a student not benefiting from a scholarship,
• It is not possible to issue a leave for repossession of the dwelling, even for the benefit of one of the partners of the SCI.
For residential rentals constituting the tenant's main residence, the law of 6 July 1989 lays down special rules when the lessor is a legal person.
The "family" SCI
When the partners of the SCI are all members of the same family and are relatives or allies up to and including the 4th degree, the sci lessor is treated as a natural person.
• The lease is concluded for at least 3 years,
• It is possible to conclude a lease of reduced duration, when one of the partners needs to take over the accommodation for professional or family reasons,
• It is possible to ask for a guarantee, just as a natural person lessor could request,
• It is possible to give leave to take over the property for the benefit of one of the partners of the SCI.
Other forms of IBS
When the SCI is not exclusively constituted between parents and allies up to and including the 4th degree, different rules apply:
• The lease is concluded for a period of 6 years per month,
• It is not possible to establish a lease for a reduced period,
• The guarantee can only be requested if it is provided by an organization whose list is fixed by law (FSL, organization managing the 1% employer ...) or if the accommodation is rented to a student not benefiting from a scholarship,
• It is not possible to issue a leave for repossession of the dwelling, even for the benefit of one of the partners of the SCI.
Good to know
The manager may be sued by the partners or third parties of the SCI if, for example, he commits management negligence (civil liability) or fraud (criminal liability).
Other fact sheets
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