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Giving Notice: Procedure and Tips for Tenants

Table of contents2026-05-22

Giving Notice: Procedure and Tips for Tenants

Notice in a 9-Year Lease (or Indefinite Duration)

Your Right to Terminate

As a tenant with a 9-year lease, you can terminate at any time, without reason, subject to:

  • A notice period of 3 months
  • A possible compensation depending on the current year

Compensation by Year of Departure

Lease YearNoticeCompensation to Pay
1st year3 months3 months' rent
2nd year3 months2 months' rent
3rd year3 months1 month's rent
4th year and beyond3 monthsNone

The Exact Procedure

Step 1: Draft the Notice Letter

Your letter must contain:

ElementDetail
Your detailsSurname, first name, address of the rented property
Landlord's detailsName and address (as in the lease)
Subject"Lease termination — 3 months' notice"
Start date of notice1st day of the month following receipt
End date of lease3 months after the start of notice
Lease referenceDate of signing, property address
SignatureHandwritten

Step 2: Send by Registered Mail

The notice must be sent by registered mail with acknowledgement of receipt. This is the only legally valid proof.

Method of SendingValid?Recommended?
Registered with AR✅ Yes✅ Yes
Bailiff's writ✅ YesFor contentious cases
Email❌ No (unless clause in the lease)❌ No
Ordinary mail❌ No❌ No
SMS / WhatsApp❌ No❌ No

Step 3: Calculate the End Date

The 3-month notice period starts on the 1st day of the month following receipt of the registered letter by the landlord.

Example:

  • You send the registered letter on 15 March
  • The landlord receives it on 18 March
  • The notice period starts on 1 April
  • The lease ends on 30 June

Notice in a Short-Term Lease (1 to 3 years)

Default Rule

In a short-term lease, neither the tenant nor the landlord can terminate early, except:

SituationEarly Termination Possible?Conditions
Early termination clause in the lease✅ YesAccording to the terms of the clause
No clause❌ NoYou must stay until the end
Mutual agreement✅ YesWritten and signed by both parties

If a Clause Exists

The clause generally provides for:

  • A 3-month notice period
  • A compensation of one month's rent

If You Leave Without a Clause

You must pay rent until the end of the lease, unless:

  • The landlord agrees to release you (written agreement)
  • You find a replacement accepted by the landlord
  • The property is insalubrious (judicial termination)

When the Landlord Gives You Notice

In a 9-Year Lease: Limited Reasons

The landlord can only terminate for specific reasons:

ReasonNoticeCompensation for YouConditions
Personal occupation6 months0 (after 3 years)Must occupy within the year
Major works6 months (end of triennial)0Works > 3 years' rent
Without reason6 months (end of triennial)9 or 6 months' rentEnd of 1st or 2nd triennial

Your Counter-Notice

If the landlord gives you notice, you can give a one-month counter-notice to leave sooner, without compensation.

SituationYour Counter-NoticeCompensation
Notice for personal occupation1 monthNone
Notice for works1 monthNone
Notice without reason1 monthNone (you keep your compensation)

Fictitious Personal Occupation: Your Rights

If the landlord invokes personal occupation but does not actually occupy the property within the year:

SituationYour Remedy
The landlord doesn't move in within the yearCompensation of 18 months' rent
The landlord re-lets to a third partyCompensation of 18 months' rent
The landlord sells the propertyCompensation of 18 months' rent

How to Verify?

  • Check the landlord's domiciliation (municipal register)
  • Monitor rental listings for your former property
  • Ask former neighbours

How to Claim?

  1. Send a registered letter to the landlord requesting the 18-month compensation
  2. If refused: refer to the justice of the peace (limitation period: 1 year after the end of the notice period)

End of Lease: Your Obligations

ObligationDetail
Vacate the propertyBy the last day of the notice period at the latest
Exit inventoryJoint, on the day of key handover
Return all keysOriginals + copies
Property in good conditionTaking into account normal wear
MetersJoint reading (water, gas, electricity)
Address registrationChange of address at the municipality

Release of the Rental Guarantee

After the exit inventory:

SituationProcedureDeadline
Agreement between partiesJoint letter to the bankA few days
DisagreementJustice of the peaceVariable (a few months)
Landlord unreachableFormal notice + justice of the peace2-3 months

Regional Specificities

BBrussels

  • Student lease: termination possible with 2 months' notice before 15 March
  • Shared tenancy: the co-tenancy pact provides for the departure terms of a co-tenant
  • Winter truce: no physical eviction from 1 November to 15 March
  • Info: Brussels Housing

WWallonia

VFlanders

  • Student lease: termination possible with 2 months' notice before 1 March
  • Shared tenancy: co-tenancy pact mandatory
  • Info: Woninghuur Vlaanderen

Sample Notice Letter

Your letter should be concise and factual:

[Your name and address]
[Landlord's name and address]
[Place, date]

Subject: Lease termination — 3 months' notice

Dear Sir/Madam,

I hereby notify you of my decision to terminate the lease
for the property located at [full address], signed on [date].

In accordance with Article 3 §4 of the Primary Residence
Lease Act, the three-month notice period will commence on
[1st of the following month] and end on [end date].

I remain at your disposal to arrange a date for the exit
inventory.

Yours faithfully,

[Signature]

Official Links

Selectio guides you through drafting your notice and automatically calculates your dates and compensation. Learn more →

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