Termination by the tenant
The tenant of a 9-year lease (standard primary residence lease) has a permanent right of termination:
Notice period: The tenant can give notice at any time with a 3-month notice period. The notice period starts on the first day of the month following the notification.
Termination compensation: Compensation is only due during the first 3 years of the lease:
- 1st year: compensation of 3 months’ rent
- 2nd year: compensation of 2 months’ rent
- 3rd year: compensation of 1 month’s rent
- From the 4th year onwards: no compensation
The 3-month notice period runs in addition to any compensation due. These are two separate obligations: the tenant must respect the notice period AND pay the compensation if applicable.
Termination by the landlord
The landlord has more limited termination options:
For personal occupation: The landlord can terminate at any time with a 6-month notice period to occupy the property themselves or to house close relatives (up to the 3rd degree). If termination occurs during the 1st three-year period, compensation of 9 months may be due to the tenant (depending on the region).
For major works: At the end of each three-year period, the landlord can give notice with a 6-month notice period for works costing more than 3 years’ rent.
Without reason: At the end of each three-year period, with a 6-month notice period and compensation of 9 months’ rent in Wallonia and Brussels, or 6 months in Flanders.
Practical formalities
Form of notification: Notice must be given by registered letter. The notice period starts on the first day of the month following the month in which the registered letter was sent.
Concrete example: A tenant sends their registered letter on 15 April 2026. The 3-month notice period starts on 1 May 2026 and ends on 31 July 2026. The tenant must vacate the property by that date.
Content of the letter: The letter must clearly express the intention to terminate the lease, state the start and end dates of the notice period, and be signed by all tenants named on the lease.
Send your termination letter at the beginning of the month to avoid losing days. A letter sent on the 28th of the month has the same effect as one sent on the 2nd: the notice period starts on the 1st of the following month.