Rent is due throughout the notice period
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)
| Scenario | Rent obligation |
|---|---|
| Tenant leaves on day 1 of notice | Full 3 months of rent due |
| Tenant leaves mid-notice | Rent due until end of notice |
| New tenant found during notice | Rent due until new lease starts |
| Mutual agreement on early end | As agreed in writing |
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.
Law of 20 February 1991, article 3 (notice period obligations). Civil Code, article 1728 (tenant’s rent payment obligation).