3 months’ notice at any time

Quick answer

The tenant of a 9-year lease can give 3 months’ notice at any time, without needing a reason or the landlord’s agreement. The notice starts on the 1st of the month following receipt of the registered letter. During the first 3 years, a decreasing compensation is due: 3 months (year 1), 2 months (year 2), 1 month (year 3). From year 4: no compensation.

Key points:

  • The 3-month notice is a public order right — it cannot be extended by contract
  • No reason needs to be given
  • The landlord cannot refuse (see can the landlord refuse early termination?)
  • The compensation is in addition to the 3-month notice (not instead of it)

Compensation schedule

Year of leaseNotice periodCompensationTotal cost
Year 13 months’ rent3 months’ rent6 months
Year 23 months’ rent2 months’ rent5 months
Year 33 months’ rent1 month’s rent4 months
Year 4+3 months’ rent03 months

The “year of lease” is determined by the date the notice period ends, not the date notice is given. If your notice period ends during year 2 of the lease, the year 2 compensation applies.

Timing strategy

If you are in month 11 of year 1, it may be worth waiting a few weeks before giving notice. If the notice period ends in year 2 instead of year 1, you save 1 month of compensation.

Short-term lease differences

For short-term leases (3 years maximum), different rules apply:

ElementShort-term lease9-year lease
Who can terminate earlyTenant onlyTenant + landlord
Notice period3 months3 months (tenant) / 6 months (landlord)
Compensation1 month (fixed)3/2/1/0 months (decreasing)
Landlord terminationNot possible before termAt end of each 3-year period

See can a short-term lease be terminated early? for details.

Regional specifics

Brussels-Capital Region

The Ordinance of 27 July 2017 applies the same 3-month notice and compensation schedule.

Wallonia

The Decree of 15 March 2018 follows the same rules.

Flanders

The Flemish Housing Rental Decree of 9 November 2018 confirms the 3-month notice period and decreasing compensation schedule.