My lease is ending: can I stay?
Catherine and Laurent, a family in Namur, share how they handled the end of their 9-year lease when the landlord wanted to reclaim the property. Tacit renewal, notice period and tenant rights.
- 01 The notice
- 02 The verification
- 03 The challenge
- 04 The mediation
- 05 The new lease
- 06 What I learned
March 2025 — the notice arrives
We are Catherine and Laurent, and we have been living in a 3-bedroom flat in the centre of Namur since September 2016. Our two children, Liam (15) and Emma (12), grew up here. Rent: 850 EUR, excluding charges. Our primary residence lease is a standard 3-6-9, signed for 9 years.
On 12 March 2025, we received a registered letter from our landlord, Mr Hanquet. Content: notice for personal occupation. His 24-year-old daughter, recently graduated, wished to move into the flat. Lease end date: 30 September 2025. We had 6 months to leave.
The news stunned us. Our children are enrolled in schools in the neighbourhood. We know the neighbours. The rent is reasonable for Namur. Finding an equivalent at the same price seemed impossible.
Our first instinct was to start looking for a new property. Fortunately, before signing anything, I called the legal service of our tenants’ union. That is when everything changed.
April 2025 — the verification
The union lawyer asked me 3 questions:
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When was the notice sent? On 10 March 2025, received on the 12th. Lease expiry: 30 September 2025. That is 6 months and 18 days before expiry. The minimum 6-month deadline was met.
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Does the notice specify who will occupy the property? Yes, the landlord’s daughter. The family relationship (1st degree) is within the legal limits (3rd degree maximum).
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Does the notice mention the occupation deadline? No. And that is where the problem lies.
In Wallonia, the notice for personal occupation must mention the identity of the person who will occupy the property and the family relationship. Mr Hanquet’s letter simply stated “my daughter wishes to move in”, without specifying her full name or committing to an installation deadline.
Notice for personal occupation is strictly regulated. In Wallonia, it must state the identity of the future occupant, the family relationship, and comply with the notice period. An incomplete or imprecise notice can be challenged.
May 2025 — the challenge
On 5 May, I sent a registered letter to Mr Hanquet, drafted with the lawyer’s help. The letter:
- Challenged the validity of the notice due to lack of precision about the future occupant’s identity
- Recalled the legal requirements for notice of personal occupation
- Mentioned the 18-month rent compensation (15,300 EUR) owed if the property was not actually occupied within one year
- Proposed an alternative: a new 3-year lease under current conditions
Mr Hanquet called the next day. Tense tone. He maintained his notice but agreed to discuss it. I proposed mediation at the justice of the peace to formalise the exchange.
June 2025 — the mediation
The conciliation hearing took place on 18 June at the Justice of the Peace in Namur. We were without a lawyer, as was Mr Hanquet.
The judge examined the notice and identified two points:
- The absence of the daughter’s full name in the notice letter
- The fact that the daughter had signed a student lease in Brussels in January 2025, which cast doubt on the reality of the personal occupation
Mr Hanquet admitted his daughter was hesitating between Namur and Brussels. The judge explained the consequences: if the notice was upheld and his daughter did not move in within one year, he would owe us 15,300 EUR in compensation (18 months’ rent).
Faced with this risk, Mr Hanquet offered to withdraw his notice. We negotiated an agreement.
August 2025 — the new lease
The agreement, ratified by the judge on 2 August, provides for:
- Withdrawal of the notice for personal occupation
- New 3-year lease (1 October 2025 to 30 September 2028)
- Rent revised to 870 EUR (+20 EUR, i.e. a 2.4% increase corresponding to the legal indexation)
- Notice for personal occupation excluded during the first year of the new lease
We signed a new lease in due form, registered with the FPS Finance. The children stay in their school, we keep our home at a reasonable rent.
For landlords considering giving notice, see our guide on rental management to understand the legal implications and avoid procedural errors.
What I learned
This experience lasted 5 months, but it could have been resolved in 5 minutes if we had left without checking our rights. Here are the lessons:
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Never leave without verifying the notice. A notice that does not meet legal requirements is null and void. Many tenants do not know this and leave their property when they could have stayed. Contact a tenants’ union or a free legal aid service.
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Tacit renewal protects the tenant. If the landlord forgets to give notice within the deadlines or if the notice is invalid, the lease is automatically renewed for 3 years. That is the law, not a favour.
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The 18-month compensation is a powerful lever. When the landlord knows they risk paying 18 months’ rent if their daughter does not actually move in, they think twice. This is not a threat, it is a reminder of the law.
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Dialogue remains the best approach. Despite the tension, mediation at the justice of the peace allowed us to reach an agreement in one session, without a lawyer and at no cost. Mr Hanquet remained our landlord and the relationship is cordial.
If your lease is reaching expiry, see our guide on rent to understand your rights regarding renewal and indexation. More similar testimonies are available in our tenant cases section.
- “**Check the notice periods to the letter.** In Wallonia, the notice for personal occupation must be served at least 6 months before the expiry date. A notice sent too late is null and void, and the lease is automatically renewed for 3 years.
- “**Ask for proof of personal occupation.** The landlord must specify who will occupy the property (themselves or a relative up to the 3rd degree) and move in within one year. If they fail to do so, you are entitled to compensation of 18 months' rent.
- “**Do not leave before checking your rights.** A notice is only valid if it meets all legal requirements. Many tenants leave out of fear when the notice is legally void.
Week-by-week timeline
Frequently asked questions
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If neither the landlord nor the tenant gives notice within the legal deadlines (6 months before expiry in Wallonia), the lease is automatically renewed for a 3-year period under the same conditions. This is tacit renewal.
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No, not at the expiry of a 9-year lease in Wallonia. Notice for sale is only possible at the end of a triennial period (3rd or 6th year). At final expiry, only notice without grounds (with 6 months' notice) or notice for personal occupation are possible.
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If the property is not occupied within one year of the tenant's departure by the person named in the notice, the evicted tenant is entitled to compensation equivalent to 18 months' rent. This is an important protection provided by law.
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Yes, nothing prevents negotiation. If the notice is contestable or the landlord is hesitant, proposing a new 3-year lease at revised conditions is often a win-win solution that avoids court.
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