My tenant wants to leave before the lease ends: how I negotiated the compensation

January 2025 — the announcement

I own a 2-bedroom apartment in the centre of Charleroi, rented at 800 EUR excluding charges. My tenant, Amelie, 29, a nurse, had been living there since November 2023 on a residential lease of 3-6-9.

On 10 January, Amelie called me. She had just obtained a permanent position at Liege University Hospital and needed to move. She wanted to leave as quickly as possible. We were in the 14th month of the lease, i.e. in the middle of the 2nd year of the first three-year period.

My first reaction: disappointment. Amelie was an impeccable tenant. But an early termination is her right. The question is not whether she can leave, but under what conditions.

Calculating the rights

I re-read the lease and Walloon law. Under a 3-6-9 lease, the tenant can always terminate the lease early, subject to:

• A 3-month notice period (notified by registered letter)
• A degressive break compensation:
  • 1st year: 3 months’ rent
  • 2nd year: 2 months’ rent
  • 3rd year: 1 month’s rent

Amelie is in her 2nd year. The compensation is therefore 2 months’ rent, i.e. 1,600 EUR, in addition to the 3 months’ notice.

The negotiation

On 15 January, I met Amelie to discuss. She was hoping for a quick departure (end of February) and contested the compensation: “I’m leaving because I have a professional opportunity, it’s not as if I’m leaving on a whim.”

I understood her position, but the law is clear: the reason for departure does not change the compensation. Whether it is for a job, a separation or a simple lifestyle choice, the tenant owes the same notice and compensation.

We reached an agreement on 22 January:

• 3-month notice period from 1 February (departure on 30 April)
• Compensation of 1,600 EUR, paid in 2 instalments: 800 EUR on 1 March, 800 EUR on 1 April
• Amelie facilitates viewings for re-letting (2 slots per week)
• If I find a tenant before the end of the notice period, the compensation is reduced pro rata

I formalised the agreement in an addendum to the lease, signed by both parties. This document is essential: without a written record, oral agreements are unenforceable.

February-April 2025 — the re-letting

Thanks to Amelie’s cooperation for viewings, I received 22 applications in 6 weeks. The rental market in Charleroi is less tight than in Brussels, but a 2-bedroom at 800 EUR in the centre lets in 3 to 4 weeks.

On 15 March, I signed a new lease with Karim, 33, a teacher. Move-in planned for 1 May. Zero days of vacancy.

As agreed, I reduced the compensation pro rata: Amelie paid the first instalment of 800 EUR but not the second, since I found a tenant 6 weeks before the end of the notice period. Total effectively received: 800 EUR in compensation instead of 1,600 EUR. That was the agreement, and it was also a matter of fairness.

For managing the transition, I used a rental management software to centralise applications, viewings and documents.

What I learned

This experience was one of the smoothest in my career as a landlord. Three key factors:

1. Know the law before negotiating. Knowing exactly what I was entitled to (2 months’ compensation) allowed me to negotiate calmly. Neither too much nor too little.

2. Flexibility pays off. Accepting to reduce the compensation if I found a tenant quickly motivated Amelie to facilitate viewings. Result: 0 days of vacancy and a conflict-free departure.

3. Put everything in writing. The lease addendum protected both parties. If Amelie had changed her mind or if I had forgotten my promise of reduction, the document would have settled it.

For other end-of-lease situations: My tenant refuses viewings for re-letting, My tenant refuses to sign the property inventory and My landlord refuses to return the deposit.