Decreasing compensation for 9-year leases
The early termination compensation is decreasing: 3 months’ rent in year 1, 2 months’ in year 2, 1 month in year 3. From year 4: no compensation. For short-term leases (3 years max): 1 month (fixed). The compensation is in addition to the 3-month notice period, not instead of it.
| Year | Notice period | Compensation | Total cost to tenant |
|---|---|---|---|
| Year 1 | 3 months’ rent | 3 months’ rent | 6 months’ rent |
| Year 2 | 3 months’ rent | 2 months’ rent | 5 months’ rent |
| Year 3 | 3 months’ rent | 1 month’s rent | 4 months’ rent |
| Year 4+ | 3 months’ rent | 0 | 3 months’ rent |
The year is determined by the date the notice period ends, not the date notice is given.
Calculation examples
Example 1: Lease starts 1 January 2024. Rent: 800 EUR/month. Tenant sends notice on 15 September 2024. Notice period: 1 November 2024 to 31 January 2025 (year 2 of the lease).
- Notice: 3 x 800 = 2,400 EUR (paid as monthly rent)
- Compensation: 2 x 800 = 1,600 EUR
- Total: 4,000 EUR
Example 2: Same lease. Tenant sends notice on 15 March 2027. Notice period: 1 May to 31 July 2027 (year 4).
- Notice: 3 x 800 = 2,400 EUR
- Compensation: 0 EUR
- Total: 2,400 EUR
If you are close to the boundary between years (e.g., end of year 1 vs start of year 2), check whether waiting a few weeks to give notice could save you 1 month of compensation. The year is determined by when the notice ends, not when it starts.
Short-term lease rules
For short-term leases (3 years maximum), the compensation rules are different:
| Element | Short-term lease | 9-year lease |
|---|---|---|
| Compensation amount | 1 month (fixed) | 3/2/1/0 months (decreasing) |
| When payable | Any time during the lease | First 3 years only |
| Who can terminate | Tenant only | Tenant + landlord |
| Notice period | 3 months | 3 months (tenant) |
The fixed 1-month compensation for short-term leases applies regardless of when during the lease the tenant terminates. Whether the tenant leaves after 6 months or after 2.5 years, the compensation is always 1 month.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 applies the same compensation schedule.
Wallonia
The Decree of 15 March 2018 follows the same rules.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 applies the same compensation schedule. Note: if the lease is not registered, the landlord loses the right to claim early termination compensation in Flanders.
Law of 20 February 1991, article 3, par. 4 (early termination compensation). Article 3, par. 6 (short-term lease compensation).