As a tenant you want to terminate your rental agreement early or as a landlord you decide to end the rental agreement early. Is this possible in Flanders? A lot depends on: whether you are a tenant or a landlord, the type of lease, the duration and reason for termination. We list it for you.
Contents
- Terminating your contract as a tenant
- Short-term contract (<3 years)
- Long-term contract (>9 years)
- Contract for life (indefinite term)
- As a landlord terminating the lease
- Short-term contract (<3 years)
- Long-term contract (>9 years)
- You (or a family member) will occupy the home yourself
- You will perform remodeling work
- You have no motivation or reason
- Contract for life (indefinite term)
- How to terminate lease?
1. As a tenant terminating your lease in Flanders
1.1. Contract van korte duur (≤3 jaar)
As a tenant, you can only terminate a short-term lease (shorter or equal to 3 years) without a termination fee if you do so at least 3 months before the expiration date of that contract. Do you want to do this earlier? You can, but the 3-month notice period and a termination fee apply depending on when your notice period ends:
- In the first rental year: 1.5 months’ rent.
- In the second lease year: 1 month’s rent.
- In the third rental year: 0.5 month’s rent.
Note: A short-term contract does not automatically end at the end of the term. You have 3 choices:
- You terminate the contract in a timely manner (taking into account 3 months’ notice).
- You renew the contract on the same terms. This is legally allowed only once. And only if the total duration of the two short-term contracts does not exceed 3 years.
- You let it run its course and automatically change the contract to one with a duration of 9 years, with the corresponding termination terms and deadlines.
1.2. Contract van lange duur (≥9 jaar)
A long-term contract is valid for 9 years by default. In this case, a 3-month notice period applies. And a termination fee may apply, depending on when your notice period ends:
- In the first rental year: 3 months’ rent.
- In the second lease year: 2 months’ rent.
- In the third lease year: 1 month’s rent.
- From the fourth year of rent: 0 month’s rent (no fee).
Also, as a tenant, you can terminate the lease without compensation if you do so 3 months before the expiration date of that lease. Has your landlord not registered the lease within 2 months of signing it? Then you as a tenant can terminate the contract without observing a notice period or paying a fee. Note: A long-term contract does not automatically end after the rental period has expired. It is automatically renewed for a period of 3 years.
1.2.1. Wat is tegenopzeg?
If your landlord terminates a long-term contract (9 years or more) early, you can give counter notice. Then your notice period is shortened and you can leave the house or apartment after only one month. In that sense, as a tenant, you do not have to pay damages. Not even if the termination falls within the first 3 years of the lease. If your landlord terminates the contract at the expiration of the end date, you can also give counter notice. Then your notice period is shortened to 3 months.
1.2. Contract voor het leven (onbepaalde duurtijd)
A contract for life ends automatically when the tenant dies. You can terminate the lease, but again a 3-month notice period applies. And again, a termination fee may apply depending on when your notice period ends:
- In the first rental year: 3 months’ rent.
- In the second lease year: 2 months’ rent.
- In the third lease year: 1 month’s rent.
- From the fourth year of rent: 0 month’s rent (no fee).
2. As a landlord, terminate the lease in Flanders
2.1. Contract van korte duur (≤3 jaar)
As a landlord, you can legally never terminate a short-term lease early. If this does not happen in time, the lease will automatically become a nine-year lease. Note: A short-term contract does not automatically end at the end of its term. You have 3 choices:
- You terminate the contract on time (there is a 3-month notice period).
- You renew the contract together with the tenant on the same terms. This is legally allowed only once. AND only if the total duration of the two short-term contracts does not exceed 3 years.
- You let it run its course and automatically change the contract to one with a duration of 9 years, with the corresponding termination terms and deadlines.
2.2. Contract van lange duur (≥9 jaar)
A long-term lease, you can terminate the lease for 3 specific reasons. These reasons are established by law and must be strictly adhered to. Failure to comply or falsify, you must pay damages equal to 18 months’ rent to the tenant. Note: Once you have communicated a reason for termination to the tenant, you cannot change the notice period and reason for termination.
2.2.1. Jij (of een familielid) gaat de woning zelf bewonen
This reason applies only to the landlord himself, the legally cohabiting partner, the partner he/she is married to and subsequent relatives (descendants, adopted children, relatives in the ascending line and relatives in the lateral line up to the third degree). You may terminate the lease:
- For your own use: You can cancel the agreement at any time.
- For family members: You can terminate the lease only from the third lease year.
- But there is a 6-month notice period.
The identity of the person who will occupy the property as well as the family relationship with the landlord must be explicitly mentioned in the notice letter. The tenant can ask the landlord for proof of kinship. Note: You are required to occupy the property within 1 year after the expiration of the notice period and must effectively reside there for at least 2 years. If this does not happen? Then you must pay damages of 18 months’ rent to the tenant.
2.2.2. Je gaat verbouwingswerken uitvoeren
You can terminate the lease at any time for remodeling work, as soon as the third lease year has passed, with these 4 conditions:
- The remodeling work is making habitation temporarily impossible.
- The works must start no later than 6 months after the end of the notice period.
- You are required to present proof of the planned works (building permit, detailed description of the works, bid for the works, contract for construction).
- There is a 6-month notice period.
Note: If you do not meet the above conditions, you must pay damages of 18 months’ rent to the tenant.
2.2.3. Je hebt geen motivatie of reden
You can terminate your long-term lease without motivation or reason at the end of any three-year period with these terms:
- You pay compensation depending on when your notice period ends:
- In the third lease year: 9 months’ rent.
- In the sixth lease year: 6 months’ rent.
- From the ninth year of rent: 0 month’s rent (no fee).
- There is a 6-month notice period.
2.3. Contract voor het leven (onbepaalde duurtijd)
A lease for life terminates the agreement automatically when the tenant dies. You can only terminate this early if it is included in the contract.
3. How should you terminate your lease?
Legally, you must terminate your lease with a written, registered letter signed by yourself. Keep the following in mind:
- The termination fee, unless it is not mandatory.
- Include the reason for termination unless not required.
- The notice period does not start until day one of the following month.
- Indicate which contract you are canceling and the date the contract expires.
- Note or add reason-specific items: e.g. Which family member will occupy the home? A copy of your building permit (if canceling for remodeling), …
- If you are a landlord and give early notice, that your tenant can do counter notice.
Sources: Testaankoop, Flanders & Zimmo
Would you like to cite this article as a source? Then use:
N. (2024, Nov. 20). Lease termination according to legislation. Apartment.com. Consulted on (date XX/XX/202X), from https://www.appartement.be/huurcontract-opzeggen/
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