Three legal grounds for landlord termination
The landlord has three grounds: 1) Personal occupation (by the landlord or relative up to the 3rd degree), 2) Major works (cost > 3 years of rent), 3) Without reason (with compensation of 9-15 months). Each requires 6 months’ notice at the end of a three-year period. The reason must be stated in the notice letter and actually carried out, or the landlord owes 18 months’ rent in damages.
| Ground | Notice | Compensation to tenant | Must be carried out |
|---|---|---|---|
| Personal occupation | 6 months | None | Yes (move in within 1 year, stay 2 years) |
| Major works | 6 months | None (or 6 months) | Yes (start within 6 months, complete within 2 years) |
| Without reason | 6 months | 9/12/15 months | Not applicable |
Conditions and requirements for each ground
Personal occupation:
- The landlord or a relative up to the 3rd degree (parent, child, grandparent, grandchild, sibling, uncle/aunt, nephew/niece) must occupy the property
- The person must be named in the notice letter
- They must move in within 1 year and stay for at least 2 years
Major works:
- The cost must exceed 3 years of rent
- The works must affect the structure of the building
- The property must be uninhabitable during the works
- Building permits and contractor quotes must be available
Without reason:
- No justification required
- Compensation: 9 months (end of 1st three-year period), 12 months (2nd), 15 months (3rd)
- The compensation must be paid at the time the tenant leaves
The notice letter must explicitly state the ground for termination and, for personal occupation, the identity of the person who will occupy the property. A vague or incomplete notice is null and void.
Penalty for false grounds (18 months)
If the landlord does not carry out the stated purpose:
- Personal occupation not realised: if the named person does not move in within 1 year or does not stay for 2 years, the tenant is entitled to 18 months’ rent
- Major works not started: if works do not begin within 6 months of the tenant’s departure, the tenant is entitled to 18 months’ rent
- Without reason: no penalty (no purpose to carry out)
The 18-month penalty is automatic and does not require proof of harm by the tenant. The tenant simply needs to show that the stated purpose was not carried out.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 applies the same three grounds and the 18-month penalty. Brussels courts strictly enforce these rules.
Wallonia
The Decree of 15 March 2018 follows the same framework. Walloon case law is equally strict on false grounds.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 applies the same grounds and penalties. The Flemish decree adds specific deadlines for carrying out the stated purpose.
Law of 20 February 1991, article 3 (three grounds for landlord termination). Article 3, par. 5 (18-month penalty for non-execution).