A termination notice cannot be unilaterally withdrawn
No, a termination notice cannot be withdrawn unilaterally once validly sent. It produces legal effects from the moment it reaches the recipient. To cancel the termination, both parties must agree in writing. This agreement should be formalised in an addendum confirming that the lease continues under its original terms.
In Belgian contract law, a termination notice is a unilateral juridical act that produces its effects upon receipt. Once the registered letter is delivered (or deemed delivered on the third business day after posting) or the bailiff’s writ is served, the notice period begins to run and the termination process is set in motion.
The sender cannot simply “take back” the notice. The recipient has acquired a right — either to leave the property (if they are the tenant) or to recover the property (if they are the landlord). Withdrawing the notice would affect this acquired right, which requires consent.
How to cancel a termination by mutual agreement
If both parties agree to cancel the termination:
- Written agreement — draft an addendum or separate document signed by both parties
- Explicit terms — state clearly that the termination notice of [date] is cancelled
- Lease continuation — confirm that the lease continues under its original terms and conditions
- Notice period — clarify that the notice period is cancelled and no indemnity is due
- Registration — register the addendum with the FPS Finance
| Scenario | Cancellation possible? | How? |
|---|---|---|
| Both parties agree | Yes | Written addendum |
| Sender wants to withdraw, recipient refuses | No | Notice remains valid |
| Notice not yet received | Possibly | If intercepted before delivery |
| Notice sent by email (invalid) | Not applicable | Invalid notice has no effect |
If you have sent a termination notice and changed your mind, contact the other party immediately. If they agree to cancel, put it in writing as soon as possible. Do not rely on a verbal agreement — it must be documented to avoid future disputes about whether the lease was terminated or not.
Consequences of a cancelled termination
When both parties agree to cancel the termination:
- The lease continues as if the notice had never been sent
- No indemnity is due — the termination compensation (if any) is no longer owed
- The notice period is void — it is as though it never started
- Lease duration continues — the cancelled notice does not affect the remaining lease term or the triennial periods
- Future termination rights are preserved — either party can send a new termination notice in the future
However, if one party relied on the termination to make arrangements (e.g. the tenant signed a new lease elsewhere), cancelling the termination may create a liability for damages. The party requesting cancellation should consider compensating any costs incurred by the other party.
Regional specifics
Brussels-Capital Region
The ordinance of 27 July 2017 does not specifically address the cancellation of a termination notice. General contract law principles apply: mutual agreement is required. Brussels courts have confirmed that a termination notice is irrevocable without the recipient’s consent.
Walloon Region
The decree of 15 March 2018 follows the same principles. Walloon courts apply the general rule that unilateral juridical acts produce their effects upon receipt and cannot be withdrawn without consent.
Flemish Region
The Vlaams Woninghuurdecreet of 9 November 2018 does not contain specific provisions on cancelling termination notices. General principles of contract law apply. Flemish courts have reached the same conclusion as other regions.
General principles of Belgian contract law (unilateral juridical acts). Regional housing legislation on termination procedures (Brussels ordinance 2017, Walloon decree 2018, Flemish decree 2018). A termination notice is irrevocable without the other party’s consent.