The guarantor remains liable during early termination
No, the guarantor is not automatically released when the tenant terminates the lease early. The guarantee covers all the tenant’s obligations until final departure and settlement of all debts (rent, charges, termination compensation, repair costs). Only a written release from the landlord or a court decision can free the guarantor before the lease ends.
The guarantor’s commitment covers:
- Rent and charges during the entire notice period
- Early termination compensation (1 to 3 months depending on the year)
- Repair costs identified during the exit inventory
- Any outstanding debts at the time of departure
The guarantor’s liability ends only when the landlord confirms in writing that all obligations have been fulfilled, or when a court orders the release.
When is the guarantor released?
| Situation | Guarantor released? |
|---|---|
| Tenant gives notice — during notice period | No |
| Tenant leaves — all debts settled | Yes (automatically) |
| Tenant leaves — debts outstanding | No (remains liable) |
| Landlord signs written release | Yes |
| Court orders release | Yes |
| Lease renewed without guarantor’s consent | Potentially (case law) |
The guarantor is automatically released when: 1) the tenant has vacated, 2) the exit inventory shows no damage beyond normal wear, 3) all rent, charges, and compensation have been paid, and 4) the deposit has been settled.
Protecting the guarantor
If you are a guarantor, take these precautions:
- Limit the guarantee in time: the guarantee clause should specify a maximum duration (e.g., the initial lease term)
- Limit the guarantee in amount: cap the maximum amount the guarantor can be called upon to pay
- Request notification: ask to be informed immediately if the tenant falls behind on payments
- Verify lease renewals: if the lease is renewed or extended, the guarantor’s consent may be required for the guarantee to extend
If the lease is renewed without the guarantor’s explicit consent, case law suggests the guarantee may not extend to the renewed period. This is assessed on a case-by-case basis.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 does not specifically regulate guarantor release. The general Civil Code rules apply.
Wallonia
The Decree of 15 March 2018 applies the same framework. No Walloon-specific rules on guarantor release.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 does not add specific rules on guarantors. The federal Civil Code provisions apply.
Civil Code, articles 2011-2043octies (surety/guarantee). Law of 20 February 1991 (residential lease). Civil Code, article 1287 (release of guarantor).