Can the landlord refuse early termination?

The landlord cannot refuse early termination

The tenant’s right to terminate is absolute:

• It can be exercised at any time during the lease
• No reason needs to be given
• No agreement from the landlord is required
• No replacement tenant needs to be found
• Any clause restricting this right is null and void

The landlord is notified of the termination, not asked to approve it.

The landlord’s only recourse

The landlord has the right to:

• Receive early termination compensation (3 months in year 1, 2 months in year 2, 1 month in year 3, 0 from year 4)
• Require respect of the full notice period (3 months of rent due)
• Organise visits during the notice period (2 hours per business day)
• Conduct the exit inventory and deduct for damage beyond normal wear

The landlord cannot:

• Refuse or delay the termination
• Demand a longer notice period
• Require the tenant to find a replacement
• Impose additional conditions not provided by law

Invalid landlord demands

The following demands by the landlord are null and void:

• “You must find a replacement tenant before leaving” — invalid
• “You must give 6 months’ notice instead of 3” — invalid
• “You cannot terminate before the end of the first year” — invalid
• “You must pay a penalty of X months in addition to the legal compensation” — invalid
• “You must obtain my written agreement to leave” — invalid

Any lease clause that restricts the tenant’s right to terminate is considered contrary to public order and is unenforceable.

Regional specifics

Brussels-Capital Region

The Ordinance of 27 July 2017 maintains the tenant’s absolute right to terminate. No Brussels-specific restrictions apply.

Wallonia

The Decree of 15 March 2018 applies the same public order protection of the tenant’s termination right.

Flanders

The Flemish Housing Rental Decree of 9 November 2018 confirms the tenant’s unrestricted right to terminate with 3 months’ notice.