Guest Occupancy Agreement (Luxembourg)
A guest occupancy agreement for Luxembourg designed so that a guest's stay does not create a residential tenancy or security of tenure. Covers permitted length of stay, house rules, liability and a clean end-of-stay exit.
What's included
- Clear non-tenancy occupancy framing
- Defined permitted length of stay and extension mechanics
- House rules and shared-space conduct
- Personal, non-exclusive right to occupy
- Liability and belongings clauses
- End-of-stay and removal procedure
- Fee or contribution terms (where any)
- Host retention of access and control
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🇱🇺 Local law notes — Luxembourg
Luxembourg residential tenancies are governed by the loi du 21 septembre 2006 sur le bail à usage d'habitation, which grants tenants strong protection (six-month landlord notice, restricted grounds, deposit caps). A genuine guest occupancy that is short, personal, non-exclusive and where the host keeps possession and access falls outside that law and creates no security of tenure. Courts look at substance over form, so open-ended exclusive occupation in exchange for regular rent can be requalified as a lease; keep stays defined and the host's control real to preserve the non-tenancy character.
Inside the document
1. Parties and Purpose
Identifies the host and the guest and states the purpose: a personal, temporary occupancy of space provided by the host. The parties record their intention that no residential lease and no security of tenure arise.
2. Non-Tenancy Nature of Occupancy
States that the guest occupies on a personal, non-exclusive basis; the host retains overall possession and control and, where relevant, shares facilities with the guest. The arrangement is not a bail à usage d'habitation and the residential lease law does not apply. The guest acquires no proprietary or exclusive right over any room.
3. Permitted Length of Stay
Fixes the permitted duration and any latest departure date. Extensions require the host's written agreement. A short, defined stay supports the non-tenancy character; open-ended or long exclusive occupation risks requalification as a tenancy.
4. Fee or Contribution
States whether the stay is free, or subject to a contribution toward costs, and the amount and timing. Any contribution is for occupancy and shared costs and does not convert the arrangement into a lease by itself.
5. House Rules and Conduct
Covers quiet hours, guests/visitors, smoking, cleanliness, use of kitchen and bathrooms, and respect for the host and other occupants. Serious or repeated breach ends the right to occupy.
6. Host Access and Control
The host retains keys and a right of access to the occupied space (for safety, maintenance and cleaning), reinforcing that the guest does not enjoy exclusive possession.
7. Liability and Belongings
The host is not responsible for the guest's belongings except for the host's own fault. The guest is liable for damage the guest causes. Recommends the guest hold personal insurance.
8. Ending the Occupancy
Either party may end the occupancy on reasonable short notice appropriate to a guest arrangement (stated in days), and immediately for serious breach. On ending, the guest must remove belongings and vacate by the stated time.
Frequently Asked Questions
Can a guest claim tenant protection in Luxembourg?
If the stay is genuinely short, personal and non-exclusive — with the host retaining possession and access — it is not a residential lease under the loi du 21 septembre 2006, so no security of tenure or long statutory notice applies. Long, exclusive, rent-paying occupation can be requalified as a tenancy regardless of the label, so the substance must match the wording.
Should I take a deposit for a guest occupancy?
You can take a modest damage deposit, but avoid a formal two-month garantie locative structure, which signals a residential lease. Keep any deposit clearly described as a damage/security contribution for a guest stay.
How much notice must I give a guest to leave?
Because this is not a tenancy, the statutory six-month landlord notice does not apply; the agreement sets a short, reasonable notice in days, with immediate termination for serious breach. Ensure the arrangement is truly non-tenancy in practice, or a court could impose tenancy notice periods.