Financial consequences for the departing tenant
A tenant who leaves without notice remains liable for: rent during the notice period they should have served (3 months), any applicable termination indemnity (1-3 months depending on timing), property damage beyond normal wear, and potentially re-letting costs. The landlord must mitigate their loss by seeking a new tenant.
Financial exposure of the departing tenant:
| Liability | Amount |
|---|---|
| Notice period rent | 3 months’ rent (if not served) |
| Termination indemnity | 1-3 months’ rent (depending on year of departure) |
| Property damage | As per exit inventory comparison |
| Re-letting costs | Advertising, agency fees (if reasonable) |
| Interest | Legal interest from date of formal notice |
What the landlord should do
If the tenant leaves without notice: 1) send a formal notice to their last known address, 2) document the property’s condition with an independent inventory, 3) actively seek a new tenant to mitigate losses, 4) apply to the justice of the peace for outstanding amounts.
Practical steps:
- Confirm the departure: check if the tenant has truly left (no response, utilities disconnected, mailbox overflowing)
- Formal notice: send a registered letter to the last known address demanding compliance
- Inventory: arrange an inventory of the property’s condition, ideally with an independent expert
- Mitigate: immediately start advertising for a new tenant. The landlord has a duty to limit their losses
- Deposit: apply for release of the rental deposit to cover outstanding rent and damage
- Court action: if the deposit is insufficient, apply to the justice of the peace for the balance
The landlord must not enter the property without following proper legal procedure. If the tenant has abandoned the property, the landlord should apply to the justice of the peace for authorisation to repossess, especially if personal belongings are still inside.
Recovering amounts owed
The landlord can recover outstanding amounts through:
- Rental deposit: the deposit covers first (rent arrears, damage). The landlord requests release from the bank, requiring either the tenant’s agreement or a court order
- Justice of the peace: the landlord files a claim for unpaid rent, termination indemnity, and damages. The procedure is relatively fast and costs are moderate
- Bailiff enforcement: once a court judgment is obtained, a bailiff can enforce payment through seizure of assets or garnishment of income
The landlord’s claim is reduced by any rent saved through early re-letting. If the landlord finds a new tenant within one month, they can only claim one month’s lost rent plus the termination indemnity.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 defines notice periods and termination indemnities. Brussels courts generally apply the mitigation duty strictly.
Walloon Region
The decree of 15 March 2018 sets the Walloon framework for termination and compensation. The same principles of mitigation apply.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 defines opzegvergoedingen (termination indemnities) and notice periods. Flemish courts also enforce the landlord’s duty to mitigate.
Regional tenancy legislation (notice periods and termination indemnities). Civil Code, Article 1147 (damages for breach of contract). Article 1148 (mitigation duty). Judicial Code (justice of the peace procedure).