The tenant can terminate at any time
The tenant of a short-term lease (3 years max) can terminate at any time with 3 months’ notice and a fixed compensation of 1 month’s rent. This compensation is the same regardless of when during the lease the termination occurs.
Article 3, paragraph 6 of the Law of 20 February 1991 governs the termination of short-term leases:
| Element | Short-term lease | 9-year lease |
|---|---|---|
| Who can terminate | Tenant only | Tenant + landlord |
| Notice period | 3 months | 3 months (tenant) / 6 months (landlord) |
| Compensation | 1 month (fixed) | 3/2/1/0 months (decreasing) |
| Timing | At any time | At any time (tenant) / end of three-year period (landlord) |
The landlord cannot terminate early
This is the key feature of short-term leases: the landlord is completely blocked:
- No notice for personal occupation
- No notice for works
- No notice without reason
- No unilateral termination whatsoever
A landlord who signs a short-term lease is committed for the agreed duration. Their only option to recover the property before the end date is mutual termination agreed with the tenant.
If the landlord attempts to give invalid notice (personal occupation, works), the tenant is not required to leave. The notice is null and void. The tenant can stay until the end of the lease.
Sole exception: judicial termination for serious tenant fault (persistent non-payment, property damage) remains possible via the justice of the peace.
What happens at expiry of the short-term lease
At the end of the short-term lease, several scenarios are possible:
| Situation | Consequence |
|---|---|
| Notice given 3 months before end | Lease ends on the agreed date |
| No notice given | Lease is renewed (same conditions) |
| Successive renewals | Total duration cannot exceed 3 years |
| Total exceeds 3 years | Lease becomes a 9-year lease |
1-year lease signed on 01/01/2024. Planned end: 31/12/2024. If no notice before 30/09/2024, the lease renews for 1 year (until 31/12/2025). After 3 renewals: automatic conversion to a 9-year lease.
Notice must be given by registered letter at least 3 months before the end date. It can be given by the tenant OR the landlord (the landlord can give notice at the end date, just not before).
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 maintains the ban on landlord early termination. The maximum cumulative duration is 3 years. Beyond that, the lease is deemed to be a 9-year lease.
Wallonia
The Decree of 15 March 2018 applies the same rules. Wallonia requires that short-term leases be written and explicitly state their duration.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 also caps the duration at 3 years. The Flemish landlord cannot terminate a short-term lease early either.
Law of 20 February 1991, art. 3, par. 6 — Text on Justel.