Landlords and tenants: how can a tenancy agreement be ended?

Four options are available to you:

1. Termination when the lease expires

To terminate the lease agreement when it expires, the tenant and the landlord must give the other party notice of termination.

• 9-year lease:
  The landlord must give 6 months’ notice.
  The tenant must give 3 months’ notice.

• 3-year lease:
  In the case of a short-term lease (maximum 3 years), both the landlord and the tenant must give 3 months’ notice.

Please note: After this deadline, the lease is automatically renewed for a further term.

2. Termination during the lease term

To terminate the lease agreement before it expires, conditions regarding notice, time limits and compensation apply and vary depending on who terminates the lease.

• Short-term lease (<3 years)

	I am the tenant 3 months’ notice	I am the landlord 3 months’ notice
When can I terminate the lease?	In Wallonia, at any time for leases entered into or renewed from 01/09/2018 onwards. In Brussels, termination is not possible for a lease of less than 6 months. For longer leases, termination is also possible at any time.	This is only possible after the first year of the tenancy AND for occupation by the landlord or a member of their family. In Wallonia: for leases entered into or renewed from 01/09/2018 onwards. In Brussels: for all leases, except those of less than 6 months. In Flanders: for leases entered into or renewed from 01/01/2019 onwards.
Do I have to pay compensation?	In Brussels and Wallonia: Yes, one month’s rent. In Flanders: Yes, ½ month’s rent in the 3rd year, one month’s rent in the 2nd year, and 1½ months’ rent in the 1st year	Yes, you will have to pay compensation equivalent to one month’s rent.

• 9-year lease

	I am the tenant 3 months’ notice	I am the landlord 6 months’ notice
When can I terminate the lease?	At any time.	For occupation by the landlord or close relatives: at any time. Except in Flanders, where occupation by relatives is not a valid reason during the first three years of the tenancy. To carry out major works, although this must be done at the end of a three-year period. However, if the landlord owns several flats in the building, they may do so at any time of year (except during the first year). Without grounds: at the end of a three-year period, subject to payment of compensation.
Do I have to pay compensation?	Yes, if you terminate the tenancy during the first three years: three months’ rent in the 1st year, two months’ rent in the 2nd year and one month’s rent in the 3rd year.	Compensation is payable if the tenancy has been terminated without grounds. It amounts to nine months’ rent after three years and six months’ rent after six years.

• Lifetime tenancy

	I am a tenant Three months’ notice	I am a landlord Three months’ notice
When can I terminate the tenancy?	The conditions are the same as for a nine-year tenancy.	The tenancy cannot be terminated unless the parties agree otherwise in the tenancy agreement.

3. Termination by mutual agreement

The tenant and landlord may terminate the tenancy agreement by mutual agreement at any time.

4. Early termination if the tenancy agreement has not been registered

If the landlord has not registered the tenancy agreement within two months, the tenant may terminate it without notice or compensation.
In Wallonia and Brussels, the tenant may only exercise this option if the landlord has been given formal notice by registered letter and has failed to register the tenancy agreement within one month of receiving the formal notice.