Terminating a lease in Belgium as a tenant: notice periods, compensation and formalities

Terminating a lease in Belgium as a tenant is relatively straightforward, but if you overlook the notice periods or the formal requirements, you can easily end up paying several months’ rent too much. Since the sixth state reform, each region has regulated residential leases itself: Brussels applies the Brussels Housing Code (Brusselse Huisvestingscode / Code bruxellois du Logement), Flanders the Flemish Residential Tenancy Decree (Vlaams Woninghuurdecreet). This article sets out the rules for leases concluded in Brussels since 1 January 2018 and in Flanders since 1 January 2019: the notice period, the compensation, special cases and how to give notice correctly.

Terminating a lease in Belgium: the nine-year lease

Most residential leases are nine-year leases: a lease that has not been concluded in writing for a term of three years or less is in principle deemed to have been concluded for nine years. As a tenant, you may terminate such a lease at any time, in both regions, by giving three months’ notice. You do not have to give a reason.

If you give notice during the first three years, you owe compensation equal to three months’, two months’ or one month’s rent, depending on whether the lease ends in the first, second or third year. After that, giving notice costs nothing. It is therefore the date on which the lease ends, not the date of your notice, that determines the compensation.

If you want to leave at the end of the nine years, give notice at least three months before the expiry date. If neither party gives notice in time, the lease is extended each time by three years on the same terms.

When does the notice period start?

The notice period starts on the first day of the month following the month in which you give notice. For example, if your registered letter is sent on 10 March, the notice period runs from 1 April and ends on 30 June. Until that date the rent remains payable, even if you move out earlier.

Avoid giving notice in the last few days of a month. If the letter only arrives the following month, a dispute may arise as to the month in which you gave notice, and the end of the lease may be pushed back by a month.

The short-term lease (three years or less)

Flanders. Under a lease of three years or less, the tenant may give notice at any time with a notice period of three months. The tenant then pays compensation of one and a half months’, one month’s or half a month’s rent, depending on whether the lease ends in the first, second or third year.

Brussels. The tenant may terminate a short-term lease at any time with three months’ notice and compensation equal to one month’s rent. The landlord, by contrast, may only end a short-term lease early under strict conditions, in particular to occupy the property personally. If you receive such a notice, you may yourself leave at any time with one month’s notice, without compensation (Article 238 of the Brussels Housing Code).

End of the agreed term. If you want to leave on the agreed end date, give notice at least three months in advance in both regions. If nobody gives notice in time, or if you stay on after the end date without objection from the landlord, the lease is in principle deemed to be a nine-year lease running from the original start date.

Older leases

Flemish leases concluded before 1 January 2019 and Brussels leases concluded before 1 January 2018 in principle remain subject to the former federal rules. Here too, the tenant may terminate a nine-year lease at any time with three months’ notice, with compensation during the first three years. The rules do differ, however, for short-term leases and certain special cases. So check the date of your contract first.

When the landlord gives notice first: the counter-notice

If the landlord has terminated a nine-year lease for personal occupation, for renovation works or without giving a reason, the tenant may, in both regions, serve a counter-notice (tegenopzegging / contre-préavis) of one month, without compensation. That way you do not have to wait months if you find a new home sooner. More on termination by the landlord.

Has the lease been registered?

The landlord must register the lease within two months of signing. Registration is free of charge and is done with the Federal Public Service Finance (FOD Financiën / SPF Finances), usually online via MyRent; in Brussels, since 1 January 2025 the landlord also registers the lease via the regional Irisrent platform.

If this has not been done, a tenant in Flanders may, as long as the lease has not been registered after those two months, leave without observing the usual notice period and without compensation (Articles 20(1) and 21(2) of the Flemish Residential Tenancy Decree). No prior formal notice (ingebrekestelling / mise en demeure) is required, although a registered reminder to register the lease can be useful as evidence. How to draft a formal notice correctly.

In Brussels too, the notice period and the compensation do not apply as long as the lease has not been registered after the two-month period; since 1 January 2025, no formal notice is required for this (Article 228/5 of the Brussels Housing Code). So check whether your lease has been registered before you give notice, and have the consequences reviewed before you leave without notice.

Formal requirements for giving notice

Give notice in writing, preferably by registered letter, and keep the proof of posting. State clearly that you are terminating the lease and with effect from which date. Notice given orally, by text message or via a messaging app leads to disputes over proof that are best avoided.

If the property is the family home of a married couple or legal cohabitants, it is best for both partners to sign the notice, even if only one of them signed the lease. The Brussels-Capital Region makes model notice letters available.

During the notice period

Giving notice does not release you from your other obligations. You continue to pay the rent and charges until the end of the notice period, you leave the property in good condition and you cooperate with the check-out inventory (plaatsbeschrijving / état des lieux). That inventory determines whether the landlord may withhold amounts from the rental deposit. More on the inventory and rental damage.

The lease often also provides that prospective tenants or buyers may view the property during the notice period on certain days and at certain times. Make clear arrangements about this in good time.

Special situations

• Death of the tenant: in Flanders, on the death of the last tenant, the lease ends automatically at the end of the second month after the death, unless the heirs declare within that period that they will continue the lease; the landlord is then entitled to compensation of one month’s rent (Article 42(2) of the Flemish Residential Tenancy Decree). In Brussels and for older leases, it is best to have the consequences checked.
• Co-tenancy: where several people rent together, special rules apply to those who leave and those who stay. Have the contract checked before you give notice.
• Student leases: for a room or studio rented by a student, both regions have their own rules on student housing. They are not covered here.
• Agreement with the landlord: the parties may always agree by mutual consent to end the lease early. Put that agreement in writing.

Frequently asked questions

Do I have to give a reason when I give notice?

No. As a tenant, you do not have to state any reason. Only the notice period and any compensation matter.

Can I leave earlier if I find a new tenant?

Only with the landlord’s agreement. Without that agreement, you remain bound until the end of the notice period.

Can I give notice by email?

An email offers less certainty as to proof of sending and receipt, especially if the landlord does not respond. A registered letter remains the safest choice.

Do I have to pay rent if I have already moved out?

Yes, until the notice period has expired, unless the landlord re-lets the property in the meantime and agrees to an early end.

When will I get my rental deposit back?

After the check-out inventory and the final settlement. If the deposit is held in a blocked account, the bank will in principle release it only on the basis of a written agreement between both parties or a court decision. In Brussels, for leases concluded or renewed since 1 November 2024, the deposit must, barring a dispute, be released within two months of the keys being handed back (Article 249(2) of the Brussels Housing Code). More on the rental deposit.

How Novex Advocaten can help

Unsure about your notice, or facing a dispute with your landlord? We review your lease and assist you through to the final settlement, amicably or before the justice of the peace (vrederechter / juge de paix). How a rental dispute before the justice of the peace works.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.