SMS is not a valid method to terminate a lease
No, an SMS is not a valid way to terminate a lease in Belgium. The law requires a registered letter or bailiff’s writ for the notice to be legally effective. An SMS does not provide certain proof of receipt or its date. The notice period does not start from the sending of an SMS.
The reasoning behind this rule is identical to that for email: lease termination is a formal juridical act with significant consequences for both parties. The law requires a notification method that provides certainty about both the content and the date of receipt. SMS technology does not meet these requirements.
An SMS can serve as informal evidence of intent, but it cannot replace the formal notification. A tenant who sends only an SMS to announce their departure remains bound by the lease, and a landlord who relies solely on an SMS to evict a tenant has no legal basis to do so.
Why SMS fails as a notification method
| Requirement | Registered letter | SMS |
|---|---|---|
| Proof of sending | Yes (postal receipt) | Partial (phone records) |
| Proof of receipt | Yes (deemed 3rd business day) | No (no delivery confirmation) |
| Certified date | Yes | No |
| Content certainty | Yes (sealed envelope) | Partial (can be altered) |
| Legal acceptance | Yes | No |
| Evidentiary value | Full | Supplementary only |
The fundamental problem with SMS is the lack of a legally recognised delivery mechanism. While modern smartphones may show “delivered” or “read” indicators, these are not considered legally reliable proof of receipt. Network issues, phone changes, or technical glitches can affect delivery without the sender’s knowledge.
If you need to communicate urgently about a lease termination, send an SMS or message to alert the other party, but always follow up with a registered letter within the same day. The registered letter is the legal notification; the SMS is merely a courtesy heads-up.
Correct procedure for lease termination
To validly terminate a lease:
- Draft your notice letter — clearly state your intention to terminate, the property address, and the desired end date
- Send by registered letter — go to the post office or use an online registered letter service
- Keep the proof of posting — the postal receipt with tracking number
- Calculate the notice period — starts on the 1st of the month following receipt (deemed 3rd business day after posting)
- Optional: send a copy by SMS or email — for information only, not as the formal notification
If you are in a conflict situation and want maximum security, use a bailiff’s writ instead of a registered letter. The bailiff certifies the exact date, time, and content of the notification.
Regional specifics
Brussels-Capital Region
The ordinance of 27 July 2017 does not recognise SMS as a valid notice method. Only registered letter or bailiff’s writ are accepted. Brussels courts strictly enforce these formalities.
Walloon Region
The decree of 15 March 2018 applies the same requirements. Wallonia does not accept SMS as a valid notification method for lease termination.
Flemish Region
The Vlaams Woninghuurdecreet of 9 November 2018 requires registered letter or bailiff’s writ. Flanders has introduced certified electronic registered letters (via certified providers), but standard SMS does not qualify.
Regional housing legislation on termination notification (Brussels ordinance 2017, Walloon decree 2018, Flemish decree 2018). SMS is not recognised as a valid notification method in any region.