No automatic right to terminate for transfer
A professional transfer is not an automatic ground for early termination without notice or indemnity. The tenant must follow the standard termination rules: 3 months’ notice plus a possible indemnity (1-3 months depending on the year). Some leases include a transfer clause that may waive the indemnity.
Standard rules:
| Departure timing | Notice period | Indemnity |
|---|---|---|
| During year 1 | 3 months | 3 months’ rent |
| During year 2 | 3 months | 2 months’ rent |
| During year 3 | 3 months | 1 month’s rent |
| After year 3 | 3 months | No indemnity |
These rules apply regardless of the reason for departure, including professional transfer.
Standard termination procedure
Even with a professional transfer, the tenant must: send a registered letter giving 3 months’ notice, pay any applicable termination indemnity, continue paying rent during the notice period, and prepare for the exit inventory.
Practical tips:
- Negotiate with the landlord: some landlords will waive or reduce the indemnity if the tenant helps find a replacement
- Check the lease for any transfer clause or early termination provision
- Check if the employer covers relocation costs, including any lease termination indemnity
- Start the process early to minimise costs
Leaving without proper notice because of a professional transfer exposes the tenant to the same financial consequences as leaving without notice: rent liability during the notice period plus indemnity.
Transfer clauses in the lease
Some leases include specific provisions for professional transfers:
- Waiver of indemnity: the lease may waive the termination indemnity in case of documented professional transfer
- Reduced notice: some clauses reduce the notice period to 1-2 months for transfers
- Documentary proof: the tenant must provide a letter from the employer confirming the transfer
- Distance condition: the transfer must involve a significant distance (e.g., different city or country)
If the lease does not contain a transfer clause, the standard rules apply without exception. It is advisable to include such a clause when negotiating the lease, especially for tenants who may be subject to transfers (military, diplomatic, corporate).
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 does not provide a special termination ground for professional transfer. Standard rules apply unless the lease provides otherwise.
Walloon Region
The decree of 15 March 2018 follows the same approach. No special provision for professional transfers.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 does not provide a separate termination ground for professional transfers. Standard opzegregeling (termination rules) apply.
Regional tenancy legislation (termination rules). Civil Code, Article 1134 (contractual freedom for additional clauses). Standard notice periods and indemnities per regional law.