Rent is due throughout the notice period

Quick answer

Yes, the tenant must pay rent and charges for the entire notice period (3 months for tenants), even if they move out before the end. The lease only terminates on the last day of the notice period. The landlord is not obliged to accept early departure or reduce the rent.

The notice period is a contractual obligation. During this time, the lease remains fully in effect: the tenant has the right to occupy the property and the obligation to pay rent. Leaving early does not shorten the notice or reduce the amount owed.

Early departure during the notice period

If the tenant moves out before the end of the notice period:

  • Rent remains due until the last day of the notice
  • The landlord may allow visits for reletting (2 hours per business day)
  • The landlord is not obliged to accept the keys early
  • If a new tenant moves in before the end of the notice, the outgoing tenant’s obligation ends on the new tenant’s start date (double rent cannot be charged)
ScenarioRent obligation
Tenant leaves on day 1 of noticeFull 3 months of rent due
Tenant leaves mid-noticeRent due until end of notice
New tenant found during noticeRent due until new lease starts
Mutual agreement on early endAs agreed in writing
Negotiate an early end

If you want to leave before the end of the notice, negotiate a mutual termination agreement with the landlord. Put it in writing. The landlord may agree if they find a new tenant quickly — it saves them the hassle of empty-property management.

Consequences of non-payment

If the tenant stops paying rent during the notice period:

  • The landlord can pursue the tenant for arrears before the justice of the peace
  • Interest accrues on unpaid amounts from the due date
  • The landlord can deduct from the deposit for unpaid rent
  • The tenant’s guarantor may be called upon
  • A judgment for unpaid rent can affect the tenant’s credit record

Regional specifics

Brussels-Capital Region

The Ordinance of 27 July 2017 does not modify the rent obligation during the notice period. All standard rules apply.

Wallonia

The Decree of 15 March 2018 applies the same framework. Rent remains due throughout the notice.

Flanders

The Flemish Housing Rental Decree of 9 November 2018 confirms that rent is due throughout the notice period. The Flemish decree does not provide exceptions.