Lease with a termination clause in Belgium
The termination clause in a lease in Belgium: validity, limits, application in case of unpaid rent and case law. Guide for landlords and tenants.
What is a termination clause?
The termination clause (or express resolutory pact) is a provision in the lease that provides for the automatic termination of the contract in the event of a serious breach by one of the parties. It is included in the lease to speed up the procedure in case of a problem.
Typical example: “In the event of non-payment of rent within 15 days of the due date, this lease shall be terminated by operation of law, without summons or formal notice.”
In Belgium, this clause is common in primary residence leases, but its application is regulated by case law. It does not work automatically — the landlord must always go through the Justice of the Peace.
Contrary to what the wording of the clause suggests, termination is never automatic in Belgian tenancy law. The Justice of the Peace always retains the power to assess the seriousness of the breach and to grant the tenant a grace period.
Validity in Belgian law
What is valid
- A clause providing for termination in case of repeated non-payment
- A clause providing for termination in case of serious damage
- A clause providing for termination in case of unauthorised subletting
- A clause with a mandatory prior formal notice
What is void or without effect
| Clause | Validity | Reason |
|---|---|---|
| Termination without formal notice | Void | The tenant must be warned |
| Automatic termination without a judge | Without effect | The Justice of the Peace must intervene |
| Termination for 1 single day of delay | Disproportionate | The judge will reclassify it |
| Tenant waiver of all remedies | Void | Unfair clause |
Consistent case law
The Belgian Court of Cassation has repeatedly stated that the termination clause does not deprive the judge of their discretionary power. The judge may refuse termination if the breach is minor, if the tenant has regularised the situation, or if the circumstances justify a grace period.
Implementing the clause
Step 1: Establishing the breach
The landlord must be able to prove the breach: bank statements (non-payment), photos (damage), bailiff’s report (subletting).
Step 2: Formal notice
Send a formal notice by registered letter with:
- Description of the breach
- Reference to the termination clause of the lease
- Time limit for regularisation (generally 15 to 30 days)
- Mention of referral to the Justice of the Peace in case of non-regularisation
Step 3: Referral to the Justice of the Peace
If the tenant does not regularise within the deadline, the landlord brings the matter before the Justice of the Peace by petition. The judge:
- Verifies the reality of the breach
- Assesses the seriousness
- May grant a grace period (1 to 6 months)
- Pronounces termination of the lease if the breach is sufficiently serious
The procedure takes an average of 2 to 4 months. The tenant may contest and propose a payment plan.
Advice for drafting the clause
For the landlord
- Include a termination clause in the lease — it speeds up the procedure even though it is not automatic
- Provide for a formal notice with a reasonable deadline (15 to 30 days)
- Do not rely on the clause to avoid the court — it facilitates but does not replace the procedure
- Document each breach (statements, photos, letters)
For the tenant
- The clause cannot evict you overnight — the judge always intervenes
- If you have payment difficulties, communicate with the landlord before they activate the clause
- A payment plan accepted by the judge may suspend the termination
To create a lease with a compliant termination clause, use our online lease generator. For more information, consult our guide on residential leases in Belgium.