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Ending a Lease in Belgium: Notice, Indemnities and Termination by Region

By Recording Law Editorial Team11 min read
Ending a Lease in Belgium: Notice, Indemnities and Termination by Region

Frequently Asked Questions

How long is a standard Belgian residential lease?

Nine years, in all three Regions, taken in three year tranches. Flanders art. 16, Wallonia art. 55 §1 and Brussels art. 237 §1 fix the same nine year term.

How much notice does a tenant have to give to leave a nine year lease?

Three months, at any time, with no reason required, and this is identical across Flanders, Wallonia and Brussels. The tenant owes an early exit indemnity of 3 months' rent in lease year 1, 2 months' rent in year 2, 1 month's rent in year 3, and nothing at all after year 3.

Are the exit terms for a short lease the same as for a nine year lease?

No, and they are lower. For a short lease of 3 years or less, Flanders sets the tenant's indemnity at 1.5, 1 or 0.5 months' rent by year; Wallonia sets a flat 1 month; Brussels gives the tenant a reciprocal 1 month notice with no indemnity, specifically where the landlord ended the short lease. Do not apply the nine year lease figures to a short lease.

Can a Belgian landlord end a lease without giving any reason?

Yes, but only at the first or second three year break point of a nine year lease, with 6 months' notice, and only in exchange for an indemnity: 9 months' rent if it happens at the end of the first three year period, 6 months' rent at the end of the second. There is no no reason termination available in the lease's final three years, and this rule is uniform across Flanders, Wallonia and Brussels rather than a Brussels only rule.

What happens to a Belgian lease if the tenant dies?

The lease ends in every Region, but the mechanics differ. Flanders fixes the end at the close of the second month after death, with a 1 month indemnity if the heirs do not respond. Wallonia ends it by operation of law, with timing depending on whether the unit is furnished. Brussels ends it once the unit has stood unoccupied for two months after death with rent unpaid.

Does selling the rented property end the lease?

No, in any Region. Koop breekt geen huur, a sale does not break the lease. Flanders art. 38 and Brussels art. 229 both apply it unconditionally, and Wallonia reaches the same result under art. 63, which applies where the lease has a prior fixed date or the tenant has occupied the unit for 6 months or more. Wallonia reaches the same result under art. 63, where the lease has a prior fixed date or the tenant has occupied the unit for six months or more.

Is the "2 months notice, 3 months indemnity" figure real for a Walloon residential lease?

No. That figure belongs to the agricultural lease, the bail à ferme, and is sometimes wrongly applied to residential tenancies. It has no bearing on a residential lease governed by the décret du 15 mars 2018.

How many times can a short lease be renewed in Belgium?

It depends on the Region. Flanders allows one renewal, Brussels allows one since the 4 April 2024 reform, and Wallonia allows two. In every Region the total run is capped at 3 years, and the lease converts automatically into a nine year lease once that cap is passed.

Sources and References

  1. Vlaams Woninghuurdecreet (decreet van 9 november 2018), artikelen 16 tot 21, 38 en 52(codex.vlaanderen.be).gov
  2. Décret du 15 mars 2018 relatif au bail d'habitation (Région wallonne), article 55(ejustice.just.fgov.be).gov
  3. Be.brussels, Ending a lease(logement.brussels).gov
  4. Wallonie.be, Résilier un bail d’habitation(wallonie.be).gov
  5. Wonenvlaanderen.be, Een huurcontract opzeggen(wonenvlaanderen.be).gov
  6. Logement.wallonie.be, Que devient le bail en cas de décès du locataire ou de vente du bien(wallonie.be).gov
  7. Be.brussels, Sale of the rented property(logement.brussels).gov
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