The landlord’s silence does not affect the termination
The landlord does not need to respond to or accept the termination letter. A properly sent registered letter takes effect automatically from the first day of the month following receipt. The landlord’s silence does not invalidate the termination or extend the notice period.
Key principles:
| Question | Answer |
|---|---|
| Must the landlord accept the termination? | No — it is a unilateral act |
| Does silence mean acceptance? | Silence is irrelevant — the termination is valid |
| Can the landlord refuse the termination? | No — but they can dispute its validity in court |
| Does the notice period start regardless? | Yes — from the legally defined date |
| Should the tenant continue to pay rent? | Yes — throughout the notice period |
How to ensure proper termination
To ensure a valid termination: send the letter by registered post, keep the sending receipt and a copy of the letter, clearly state the termination date and the applicable notice period, and reference the relevant lease clause or legal provision.
Checklist for a valid termination letter:
- Registered post: always send by registered letter (lettre recommandee / aangetekend schrijven)
- Keep proof: the post office receipt is your proof of sending
- Clear content: state that you are terminating the lease, the start date of the notice period, and the expected end date
- Legal basis: reference the applicable regional legislation or lease clause
- Continue obligations: continue paying rent and maintaining the property throughout the notice period
- Prepare exit: plan the exit inventory and key return
An email or ordinary letter is not sufficient for a valid termination in most cases. Always use registered post. Some regional legislation also permits termination by bailiff’s notice (exploit d’huissier), which provides even stronger proof.
What if the landlord disputes the termination?
If the landlord believes the termination is invalid (wrong notice period, incorrect grounds, procedural error), they must take action:
- Formal notice: the landlord sends a registered letter explaining their objection
- Justice of the peace: the landlord applies to the court to have the termination declared invalid
- Tenant’s position: until a court rules otherwise, the termination stands. The tenant should continue to follow the notice period and prepare to leave
Common grounds for landlord disputes:
- Incorrect notice period (too short)
- Termination during a protected period
- Procedural errors (not sent by registered post)
- Lease clause providing different conditions
If in doubt about your termination’s validity, consult a lawyer or the justice of the peace’s conciliation service (free and informal).
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 sets specific notice periods and termination rules. The notice period starts on the first day of the month following receipt of the registered letter.
Walloon Region
The decree of 15 March 2018 defines Walloon-specific termination rules. The same principle applies: the landlord’s response is not required for the termination to be valid.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 sets specific opzegtermijnen (notice periods). The opzegging (termination) takes effect regardless of the landlord’s response.
Regional tenancy legislation (termination procedures and notice periods). Civil Code, Article 1134 (binding force of contracts). Judicial Code (justice of the peace jurisdiction).