Principle of termination by mutual agreement
Termination by mutual agreement is the most flexible way to end a lease. It rests on a simple principle: landlord and tenant agree together to end the contract.
Characteristics:
- No mandatory notice period (end date freely chosen)
- No statutory compensation (negotiable between parties)
- No justification needed
- Applicable to all types of lease (9-year, short-term, commercial, student)
- Applicable at any time during the lease
This is often the best solution when both parties benefit: the tenant leaves sooner, the landlord recovers the property without conflict.
Advantages over unilateral termination
| Aspect | Unilateral termination | Amicable termination |
|---|---|---|
| Notice | 3 or 6 months | Freely agreed (even zero) |
| Compensation | Fixed by law | Negotiable (even zero) |
| Grounds | Required for landlord | None |
| Timing | Restrictions by lease type | At any time |
| Disputes | Risk of challenge | Agreement means no dispute |
Typical cases:
- The tenant needs to leave quickly (relocation, separation) — no 3-month wait
- The landlord wants to sell the property vacant — no need to wait for the triennium
- Short-term lease — the only option for the landlord to recover before the end date
- Ongoing dispute — negotiated resolution rather than court proceedings
Content of the agreement
The amicable termination agreement must contain:
Mandatory details:
- Identity of the parties (landlord and tenant)
- Reference to the lease (date, address, original duration)
- Shared will to end the lease
- Effective end date (last day of occupation)
- Fate of the rental deposit (conditions for release)
Recommended details:
- Any compensation (amount, payment date)
- Scheduled date for the exit inventory
- Mutual discharge from future obligations
- Deposit release arrangements (bank release timeline)
- Charges settlement (provisions, final account)
Pitfalls to avoid:
- Not mentioning the deposit — blocked at the bank
- No precise date — ambiguity about when the lease ends
- Unsigned agreement — no proof in case of dispute
Procedure
- Negotiate the terms with the other party (date, compensation, deposit)
- Draft the agreement (or generate it on BailBelgique)
- Sign in 2 copies (one per party) plus 1 for registration
- Register the agreement at the Legal Security office (recommended)
- Carry out the exit inventory on the agreed date
- Release the rental deposit (joint signature at the bank)
Tip: even if there is a verbal agreement, always put it in writing. A verbal agreement is difficult to prove and the bank will refuse to release the deposit without a signed document.
Generate your amicable termination agreement on BailBelgique — pre-filled with your lease data, ready for electronic signature.