Does a Lease Have a Term? When Does It End? And What If No Term Is Stated?
Many people ask us: “How long does a lease last?”, “My lease has expired but the tenant will not leave”, “Is a lease without a stated term valid?” and “My landlord wants me out — is that his right?” The answer: the term is an essential element of a lease. Where the parties fix a term, the lease ends upon its expiry without any need for notice. Where no term is fixed, or the term cannot be proved, the lease is deemed concluded for the period set for payment of rent, and it ends only upon a notice to vacate served within the time limits prescribed by law.
What is the term of a lease?
It is the period during which the lessor undertakes to enable the lessee to use the leased property in return for a known rent (Civil Code, Art. 558). Under the Civil Code, a lease should have a determinate term.
The stated term has expired — does the lease end automatically?
Yes. A lease ends upon expiry of its determinate term without any notice to vacate (Civil Code, Art. 598), unless the parties stipulated that notice be given before expiry, in which case that stipulation must be applied.
The term has expired, the tenant remains in the apartment, and the landlord is silent. What is the rule?
If the tenant remains in possession with the lessor’s knowledge and without objection, the lease is deemed renewed on its original terms but for an indeterminate period (Civil Code, Art. 599). Article 563 then applies, and the lease ends only upon a notice to vacate.
The lease says “for life”, “month-to-month” or “as needed”. Is that a term?
No. Such wording is not a determinate term. The Court of Cassation has held that a lease governed by the Civil Code must have a fixed term, and that a lease with no fixed end date, or whose termination depends on the tenant’s will alone, is treated as a lease of indeterminate duration: it is concluded for the period set for payment of rent and ends upon a notice to vacate.
What are the notice periods for a lease of indeterminate duration?
Under Article 563 of the Civil Code:
| Type of property | Period set for payment of rent | Notice must be served |
|---|---|---|
| Agricultural and fallow land | Six months or more | Three months before the end of the period |
| Agricultural and fallow land | Less than six months | Before the last half of the period |
| Buildings, dwellings, furnished rooms and other things | Two months or more | One month before the end of the period |
| Buildings, dwellings, furnished rooms and other things | Less than two months (e.g. monthly rent) | Before the last half of the period |
If notice is not served in time, the lease is renewed for the same period, then for a similar one, and so on until notice is served, as settled in the case law of the Court of Cassation.
Is there a maximum term or any special condition?
There is no general maximum, but: (1) a person who holds only a power of administration may not lease for more than three years, and a longer term is reduced to three years (Civil Code, Art. 559); (2) a lease exceeding nine years must be registered so that it may be invoked against third parties.
What is the term of old-rent leases after Law No. 164 of 2025?
Law No. 164 of 2025, in force since 5 August 2025, fixed a transitional period for leases governed by Laws No. 49 of 1977 and No. 136 of 1981: seven years for residential premises (i.e. until approximately August 2032) and five years for non-residential premises leased to natural persons (i.e. until approximately August 2030), unless the parties agree to an earlier termination. When the period ends, the tenant must vacate the premises.
Sources reviewed for the data in this article
A question you should know the answer to
Question: What is the notice period to vacate if the rent is monthly and the lease has no fixed term?
Answer: If the period set for payment of rent is less than two months, such as monthly rent, notice must be served before the last half of that period (Civil Code, Art. 563).
What should I do if I cannot handle the situation and have fallen into trouble?
Keep our number with you or with a family member: +201208555806, and call us immediately so that we can intervene as quickly as possible to protect you.
If you have a problem and are unsure whether your lease is governed by the Civil Code or by the old rent laws, and you want legal advice on the term or termination of your lease, you may consult a specialised lawyer.
If you are a party to a similar problem, do not face it alone; contact our firm or pay us a visit, so that we may place our experience at your service and handle your case with the care and precision it deserves.
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This article is general information for legal awareness and does not replace legal advice on your particular situation.