Landlord terminating a lease in Belgium: grounds, notice periods and compensation

A landlord terminating a lease in Belgium must follow strict rules. As a landlord, you cannot simply end a nine-year residential lease: the law lists the grounds exhaustively and attaches strict notice periods, formal requirements and compensation to them. A mistake can make the notice invalid or expose you to substantial damages.

This article covers homes in Brussels, governed by the Brussels Housing Code (Code bruxellois du Logement / Brusselse Huisvestingscode), and in Flanders, governed by the Flemish Residential Tenancy Decree (Vlaams Woninghuurdecreet) for leases concluded since 1 January 2019. Older Flemish leases remain subject to the federal rules of the Residential Leases Act (Woninghuurwet / loi sur les baux de résidence principale), which differ on a few points. Wallonia has its own decree, which is not covered here. For a broader overview, see our article on the rights and obligations of tenants and landlords.

Landlord terminating a lease: the basic rules

A residential lease covering the tenant’s main residence is in principle concluded for nine years. During the lease, the landlord may only terminate it on one of three statutory grounds: to occupy the property themselves or have it occupied by close family, to carry out major works, or without giving reasons, against payment of compensation.

At the end of the nine years, the landlord may give notice without reasons and without compensation, at least six months before the expiry date. If no notice is given, the lease is extended each time by three years, on the same terms.

Also check the lease agreement itself: the parties may expressly exclude or limit the landlord’s termination rights. Quite apart from any notice, the justice of the peace (vrederechter / juge de paix) may dissolve the lease if the tenant seriously breaches their obligations, for example in the case of persistent rent arrears.

Notice for own occupation

Flanders. The landlord may give notice at any time, with a six-month notice period, to occupy the property themselves or to have it occupied by their spouse or legal cohabitant, their descendants or adopted children, their ascendants or their collateral relatives up to the third degree. Certain relatives of the spouse also qualify.

Brussels. The landlord may give notice at any time, with a six-month notice period, to occupy the property themselves or to have it occupied by a close relative, such as their spouse, descendants, parents or a collateral relative up to the third degree.

In Brussels, a restriction applies to collateral relatives in the third degree, such as an uncle, an aunt, a nephew or a niece. If notice is given for their benefit, the notice period cannot expire before the end of the first three years of the lease (Article 237(2) of the Brussels Housing Code). In Flanders, this restriction applies to any notice given for the benefit of a family member, but not where the landlord occupies the property personally (Article 17(1) of the Flemish Residential Tenancy Decree).

As a rule, the property must actually be occupied within one year after the lease ends, and for at least two years. If this does not happen and there are no exceptional circumstances, the tenant is entitled to compensation equal to eighteen months’ rent.

Notice for major works

Flanders. The landlord may give notice at any time, with a six-month notice period, but that period cannot expire before the end of the first three years of the lease. The works must cost more than three years’ rent. If several homes owned by the same landlord in the same building are renovated, the works must together cost more than two years’ rent for all those homes.

The works must start within six months and be completed within twenty-four months after the lease ends. Otherwise, compensation of eighteen months’ rent is again due, save in exceptional circumstances.

Brussels. Notice for works can only be given for the end of the first or the second three-year period, with a six-month notice period (Article 237(3) of the Brussels Housing Code). The works must cost more than three years’ rent.

The landlord must provide the tenant with the planning permission (permis d’urbanisme / stedenbouwkundige vergunning), a detailed specification, a description of the works with a detailed cost estimate, or a building contract, together with the notice or within two months at the latest. If the landlord fails to do so in time, the tenant may ask for the notice to be declared invalid. The tenant must, however, bring that claim, on pain of forfeiture, no later than two months before the end of the notice period.

Notice without reasons

In both regions, the landlord may give notice without reasons for the end of the first or second three-year period, with a six-month notice period. The landlord then pays compensation of nine months’ rent (end of the first period) or six months’ rent (end of the second period).

This is the most expensive route, but legally the most predictable. The landlord does not have to prove or carry out any ground, so there is no risk of eighteen months’ compensation afterwards.

Short-term leases

A lease of three years or less ends by notice given at least three months before the expiry date. Otherwise, it is in principle converted into a nine-year lease.

In Flanders, the landlord cannot terminate a short-term lease early. In Brussels, the landlord can do so after the first year, to occupy the property themselves or have a close relative occupy it, with three months’ notice and compensation of one month’s rent. The tenant may then leave in turn with one month’s notice, without compensation (Article 238 of the Brussels Housing Code).

In both regions, a short-term lease can moreover be extended only once, in writing, without the total term exceeding three years (Article 21(1) of the Flemish Residential Tenancy Decree; Article 238 of the Brussels Housing Code, since 1 November 2024).

Formal requirements and notice periods

Give notice in writing, stating the ground and, for own occupation, the identity of the future occupant and their family relationship with you. A registered letter or a bailiff’s writ (gerechtsdeurwaardersexploot / exploit d’huissier de justice) provides conclusive proof of the date.

Where notice may be given at any time, the notice period starts on the first day of the month following the month in which notice was given. In Brussels, in other cases, the notice period starts on the day on which the addressee is deemed to have received the notice (Article 231 of the Brussels Housing Code). Where notice must be given for the end of a three-year period or of the lease, make sure the tenant receives it well over six months before that date. A mistake in form or timing can make the notice invalid or ineffective.

The tenant’s rights

If the landlord gives notice for own occupation, for works or without reasons, the tenant may in both regions give counter-notice of one month, without compensation. The tenant therefore does not have to wait until the end of the six-month notice period.

In Brussels, the tenant also enjoys special protection. Notice served by the landlord after a complaint to the Regional Housing Inspectorate (Direction de l’Inspection régionale du Logement / Gewestelijke Huisvestingsinspectie) is suspended until the Inspectorate’s decision; after a referral to the joint rental committee (commission paritaire locative / paritaire huurcommissie), it is suspended for three months (Articles 7 and 107/2 of the Brussels Housing Code). As a landlord, you should factor this into your planning.

Frequently asked questions

My tenant disputes my notice for own occupation. What now?

The justice of the peace examines whether the ground is genuine and serious and whether the statutory conditions have been met. A well-documented file is therefore essential. Read more about tenancy disputes before the justice of the peace.

I am selling the property. Does the tenant have to leave?

In principle, no. In Flanders and, for sales since 1 November 2024, in Brussels, the buyer takes over the landlord’s rights and obligations, even if the lease has no certain date (vaste datum / date certaine) (Article 38 of the Flemish Residential Tenancy Decree; Article 229 of the Brussels Housing Code). The buyer can then only give notice on the statutory grounds.

Can the tenant obtain more time to leave?

Yes. The tenant can ask the justice of the peace to extend the lease on account of exceptional circumstances, for example illness or advanced age. The request must be made in time, before the lease ends. The court weighs the interests of both parties.

What if the tenant stays after the notice period?

You then apply to the justice of the peace for eviction. Taking the law into your own hands is never permitted. More about eviction.

Novex Advocaten can assist you

We draft your notice correctly or review the notice you received, and defend your interests before the justice of the peace. See also our article on termination by the tenant.

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