My tenant is moving to a care home: what about the lease
Your tenant is entering a care home in Belgium. Does the lease continue? Who pays the rent? Termination procedure and protection of the elderly tenant.
Moving to a care home: the situation
Martine’s tenant, aged 82, is moving into a care home following a loss of autonomy. She has been in place for 12 years with a renewed 3-6-9 lease. Her family asks Martine to terminate the lease quickly to avoid paying two rents (apartment + care home).
This is a humanely delicate situation. The landlord must balance respect for the legal rules with compassion towards a vulnerable elderly person.
Moving to a care home, even permanently, does not terminate the lease. A formal notice with a notice period is necessary. Without this notice, the rent continues to be due.
Impact on the lease
The lease continues
Moving to a care home does not constitute grounds for automatic termination. The lease continues until notice is given. The tacit renewal applies normally.
The rent remains due
During the period between entering the care home and the end of the notice period, the rent is due. This is often a double cost for the family (rent + care home fees).
| Period | Rent due | Who pays |
|---|---|---|
| Before notice | Yes (full rate) | The tenant or their family |
| During the notice period (3 months) | Yes (full rate) | The tenant or their family |
| After end of notice period | No | - |
Who can give notice
| Agent | Condition |
|---|---|
| The tenant themselves | If capable of signing |
| A relative with power of attorney | Notarised or private power of attorney |
| The provisional administrator | Appointed by the justice of the peace if the tenant is incapacitated |
| The tenant’s lawyer | Special mandate |
Termination procedure
Step 1: Notice by registered letter
Send a notice by registered letter to the landlord:
- In the tenant’s name (or their agent)
- Stating the notice period (3 months starting from the 1st day of the following month)
- No grounds required (the tenant can terminate at any time without justification)
Step 2: Move-out property inventory
Organise the move-out property inventory before the end of the notice period. If the tenant cannot be present, a family member with power of attorney or the provisional administrator can represent them.
Step 3: Return
- Key handover to the landlord
- Release of the rental deposit (after agreement on the property inventory)
- Address deregistration at the municipality
Termination indemnity
After the 3rd year of the lease, no indemnity is due in addition to the notice period. Martine’s tenant has been in place for 12 years: only the 3-month notice period is due.
Humane and practical advice
For the landlord
- Be understanding: offer an amicable negotiation of the notice period (reduction to 1-2 months)
- Facilitate the procedure: accept notice by email confirmed by registered letter
- Offer your help for the property inventory (presence of a trusted third party)
- Release the deposit promptly if the dwelling is in good condition
For the tenant’s family
- Send the notice as soon as the decision is made (every day of delay costs money)
- Check the power of attorney: if the tenant can no longer sign, obtain a legal mandate
- Negotiate with the landlord: many accept a reduced notice period in this situation
- Request help from the PCSW if double rent is a problem
Amicable solution (recommended)
In most cases, landlord and family reach an amicable agreement:
- Notice period reduced to 1-2 months (instead of 3)
- Simplified property inventory
- Prompt release of the deposit
- Dwelling cleaned by the family
To formalise an amicable termination agreement, use our online lease generator (amendment/termination module). To manage the transition, a rental management software centralises documents. For other cases, see our case studies.