In Belgium

The termination clause allows the landlord (or tenant) to end the lease in case of serious breach: persistent non-payment, deliberate damage, unauthorised subletting. In theory, termination is “automatic” — in practice, the justice of the peace retains significant review power.

The judge verifies that:

  • The breach is real and sufficiently serious
  • The tenant was duly given formal notice
  • A reasonable period was allowed to remedy the breach

For primary residence leases, the judge has the power to grant grace periods even where a termination clause exists.

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Warning
The landlord can never apply the termination clause unilaterally — changing locks or cutting services while citing the clause is illegal. Only the judge can establish the termination and order eviction.

Practical example

A lease includes a termination clause for non-payment of 2 consecutive months’ rent. The tenant accumulates 3 months’ arrears. The landlord sends formal notice, then summons before the justice of the peace. The judge establishes the serious breach, pronounces termination and grants a 2-month period to vacate.