When to use this renewal refusal template

This template allows the landlord to refuse the commercial lease renewal request made by the tenant, in accordance with Articles 16 et seq. of the law of 30 April 1951 on commercial leases. The commercial tenant is entitled to renewal for 3 successive periods of 9 years, but the landlord may oppose this under certain strict conditions.

Common situations:

  • Personal occupation (Article 16, I, 1): the landlord or a relative up to the 2nd degree wishes to personally operate a business on the premises. The planned commercial activity must be specified and effective operation must begin within 6 months
  • Reconstruction or transformation (Article 16, I, 2): major works are planned that make commercial operation impossible during construction. The cost of works must exceed three years’ rent
  • Serious fault by the tenant (Article 16, I, 3): serious and repeated breaches of lease obligations: significant rent arrears, property damage, unauthorised sub-letting, change of activity without consent
  • Refusal without grounds (Article 16, III): the landlord refuses renewal without stating any particular grounds. They must then pay an eviction indemnity to the tenant, generally set at 3 years’ rent. The justice of the peace may adjust this amount
  • Offer of different conditions (Article 14): the landlord accepts the renewal but proposes an increased rent or modified conditions

The response deadline is 3 months from the tenant’s request. After this deadline, renewal is deemed accepted. See our page on the commercial lease and lease termination.

Document content

The renewal refusal letter must comply with strict formalities. Failure to respond within 3 months or an unmotivated refusal is equivalent to tacit acceptance of the renewal on the conditions proposed by the tenant:

  • Landlord’s identity: surname, first name or company name, address, and where applicable company number (CBE)
  • Tenant’s identity: name or company name, address of commercial premises, company number
  • Commercial lease reference: date of signing, duration, expiry of the current lease and registration number at the Legal Security office
  • Reference to the renewal request: exact date of notification by the tenant (registered letter or bailiff’s writ), conditions proposed by the tenant
  • Grounds for refusal: precise and detailed reasons. The justice of the peace will verify the reality and seriousness of the grounds invoked. Vague or generic grounds are treated as a refusal without grounds
  • Eviction indemnity: if the refusal is without grounds, proposal of indemnity (generally 3 years’ rent). If the grounds invoked do not exempt from indemnity, specify the proposed amount. The indemnity is negotiable or set by the judge
  • Notice of contestation deadline: legal obligation to inform the tenant of their right to apply to the justice of the peace within 30 days of notification of the refusal. Omitting this notice does not invalidate the refusal but constitutes a fault
  • Date and signature: signature of the landlord or their authorised representative

The absence of reasoning or failure to comply with the 3-month deadline results in the presumed acceptance of the renewal. See our page on the commercial lease and our document templates.

Template letter

[SURNAME, First name of landlord / Company name] [Address of landlord] [Postcode, Municipality]

[SURNAME / Company name of tenant] [Address of commercial premises] [Postcode, Municipality]

[Place], [date]

Subject: Refusal of commercial lease renewal

Registered letter with acknowledgement of receipt (or bailiff’s writ)

Dear Sir/Madam,

I acknowledge receipt of your request for renewal of the commercial lease for the premises located at [full address of the property], notified by [registered letter / bailiff’s writ] dated [date of request].

Pursuant to the law of 30 April 1951 on commercial leases, I inform you that I refuse the renewal of the lease on the following ground(s):

[Option 1 - Personal occupation:] I wish to allocate the premises for the operation of a business by [myself / SURNAME, First name, relationship], from [planned date]. The planned business is [description of activity].

[Option 2 - Works:] I intend to reconstruct/transform the building. The planned works are: [description of works]. They make the exercise of any commercial activity impossible on the premises. The planning permission [was obtained on / is being applied for].

[Option 3 - Serious fault:] Due to serious breaches of your contractual obligations, namely [description of breaches: rent arrears, damage, unauthorised sub-letting].

[Option 4 - Without grounds:] I refuse the renewal of the lease without stating any particular grounds. In accordance with the law, I propose the payment of an eviction indemnity of [amount] euros, equivalent to [number] years’ rent.

In accordance with Article 28 of the law of 30 April 1951, you have a period of thirty days from the notification of this refusal to apply to the justice of the peace to contest it.

Yours faithfully,

[Signature] [SURNAME, First name]

How to send

The refusal of commercial lease renewal is subject to strict formalities. Failure to comply with the 3-month deadline has irreversible consequences: the renewal is automatically accepted on the tenant’s conditions:

  • Registered letter with acknowledgement of receipt or bailiff’s writ: both sending methods are valid under the law of 30 April 1951. A bailiff’s writ offers maximum legal certainty and is strongly recommended for high-rent leases or contentious situations
  • Mandatory 3-month deadline: the refusal must be notified within 3 months of receiving the tenant’s renewal request. Not 3 months and a day: the deadline is strict. Plan to send at least 2 weeks before the deadline expires to secure receipt
  • Mandatory reasoning in the letter: the grounds for refusal must appear in the registered letter itself, not in a separate letter sent later. An unmotivated refusal is treated as a refusal without grounds, automatically giving rise to the eviction indemnity (generally 3 years’ rent)
  • Tenant’s right to contest: the tenant has 30 days after receiving the refusal to apply to the justice of the peace. If the tenant does not contest within this period, the refusal is final
  • Record keeping: keep the proof of sending and receipt for a minimum of 10 years (commercial limitation). Also keep evidence of the grounds invoked (works estimates, proof of occupation, etc.)

Send your registered letter online directly from the BailBelgium platform.

Frequently asked questions