Termination of a furnished primary residence lease
When the furnished property is the tenant’s primary residence, the termination rules are identical to those for an unfurnished lease. The furnished character of the property does not change the termination regime.
A furnished PR lease may be:
- A 9-year lease (default duration).
- A short-term lease (max 3 years).
In both cases, the termination rules laid down by the regional legislation (Brussels, Wallonia, Flanders) apply in full. The only distinctive feature of the furnished lease concerns the return of furniture: the exit property inspection must cover the property and the furniture inventory.
Termination by the tenant
9-year furnished lease:
The tenant may terminate at any time with 3 months’ notice by registered letter. During the first triennial period (first 3 years), compensation is due:
| Year of departure | Compensation |
|---|---|
| Year 1 | 3 months’ rent |
| Year 2 | 2 months’ rent |
| Year 3 | 1 month’s rent |
| After the 1st triennial period | None |
Short-term furnished lease:
A short-term lease is in principle fixed for the tenant. However:
- If the lease contains an early termination clause: 3 months’ notice + 1 month’s rent compensation.
- Without such a clause: the tenant is bound until expiry.
In all cases: the tenant must return the furniture in the condition described in the entry inventory, subject to normal wear and tear.
Termination by the landlord
9-year furnished lease:
The landlord may only terminate in specific circumstances:
- Personal occupation: 6 months’ notice, at any time. The landlord or a close relative must actually occupy the property.
- Major works: 6 months’ notice, at the end of a triennial period (years 3, 6). The works must exceed 3 years’ rent.
- Without stated grounds: 6 months’ notice, at the end of a triennial period only. Compensation of 9 months (1st triennial period) or 6 months (2nd triennial period).
Short-term furnished lease:
The landlord cannot terminate a short-term lease early. The lease is fixed until expiry. The only exceptions are: serious breach by the tenant (judicial termination) or mutual agreement.
End-of-lease notice (short-term): the lease ends automatically at expiry. The landlord does not need to give notice, but doing so is recommended to avoid tacit renewal.
Furnished lease not a primary residence
If the furnished property is not the tenant’s primary residence (pied-a-terre, company accommodation, second home), the termination rules are set by the contract:
Freedom of contract:
- The parties freely define the termination conditions in the lease.
- Notice period, compensation, grounds: all are negotiable.
- No enhanced tenant protection.
Points to cover in the lease:
- Notice period for each party.
- Any compensation in case of early departure.
- Early termination conditions (grounds, deadlines).
- Fate of the rental guarantee and furniture.
Without a termination clause: the lease is fixed until expiry. Neither the tenant nor the landlord may unilaterally end it before the term, except by mutual agreement or judicial termination.
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