Rental lawGiving notice as a tenant: notice period, indemnity, formalities
Three months' notice, sometimes an indemnity, and a starting date almost everyone gets wrong. The rules differ in Brussels, Wallonia and Flanders: here is how to leave without paying an extra month.
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A tenant who wants to leave has three questions: how much longer do I pay rent, do I owe an indemnity, and how do I notify the landlord. The answers depend on the Region and on the type of lease. And the calculation of the notice period is almost always botched, for exactly one month's rent.
Belgian rental law is regional
Since 2018-2019, residential leases are no longer governed by a single federal act. Brussels applies the Brussels Housing Code, Wallonia the decree of 15 March 2018 on residential leases, Flanders the Flemish Residential Lease Decree (Woninghuurdecreet). The three texts share the architecture inherited from the 1991 federal law, but they have diverged on several points. Never reason "under Belgian law": reason under the law of the Region where the property is located.
Main-residence lease (9 years): three months, at any time
This is the standard lease (see our guide to the main-residence lease). The tenant may end it at any time, without giving a reason, subject to three months' notice. The landlord does not have that freedom: he may only terminate on specific grounds, explained in our article on notice given by the landlord.
When the clock starts: the mistake that costs a month
This is the heart of the matter. The notice period does not start on the day you post the letter. In all three Regions, it starts on the first day of the month following the month in which notice was given.
- Notice given on 8 March → the period runs from 1 April to 30 June. The lease ends on 30 June. You owe rent for March, April, May and June.
- Notice given on 2 April → the period runs from 1 May to 31 July. A few days late cost you a full month.
What counts is the month in which notice is given, and you must be able to prove the date. Practical consequence: do not wait until the last days of the month to post your registered letter. Send it with a comfortable margin and keep the proof of posting: if the date is disputed, a few days are enough to shift the whole end date.
The indemnity during the first three years
If the nine-year lease ends during the first three years, the tenant owes the landlord an indemnity on top of the three months' notice:
| The lease ends… | Indemnity |
|---|---|
| during year 1 | 3 months' rent |
| during year 2 | 2 months' rent |
| during year 3 | 1 month's rent |
What matters is the actual end date of the lease (the end of the notice period), not the date you posted the letter. A tenant who moved in on 1 March 2025 and gives notice in November 2025 will see the lease end on 28 February 2026: still within year one, so three months' indemnity. Giving notice in December ends the lease on 31 March 2026, in year two: two months' indemnity, but one more month of rent. Do the full calculation, rent until the end of the notice plus indemnity, before choosing when to post.
After the third year, no indemnity at all: three months' notice, and that is it.
Short leases (three years or less)
Careful: "short lease" here means a main-residence lease concluded for three years or less, not a tourist rental. This is where the Regions diverge most:
| Region | Early departure by the tenant |
|---|---|
| Brussels | three months' notice and one month's rent as indemnity; no early departure possible if the lease runs for less than six months |
| Wallonia | three months' notice and one month's rent as indemnity |
| Flanders | three months' notice and an indemnity of one and a half months, one month or half a month's rent, depending on whether the lease ends in year 1, 2 or 3 |
To end the lease at its term (rather than early), notice must be served at least three months before expiry. Failing that, or if you stay on without the landlord objecting, the lease is deemed, in all three Regions, to have been concluded for nine years from the original start date, on the same terms. This trap is real: a one-year lease nobody terminated becomes a nine-year lease. Put the expiry date in your calendar well ahead, and have the end date confirmed in writing.
The one-month counter-notice
If the landlord gave notice on a nine-year lease (personal occupation, works, no grounds) and you find another home before his notice period expires, you need not wait: you may serve a one-month counter-notice, with no indemnity, including during the first three years. You then pay rent only until the end of that month. In Brussels the same option exists when the landlord ends a short lease to occupy the property. The landlord, for his part, remains bound to carry out the ground he invoked.
If your lease is not registered
Registering the lease is the landlord's obligation, within two months of signature. If he has not done it, your position changes:
- Brussels and Flanders: after that deadline and for as long as the lease is unregistered, the three months' notice and the indemnity do not apply to the tenant.
- Wallonia: same effect, but only if you have formally notified the landlord to register the lease and that formal notice has gone unanswered for one month.
You must still notify your departure in writing. Full details in our guide to lease registration.
The form of the notice
Notice is a written act. In practice:
Flatshares: leaving on your own
The three Regions have created a specific regime for flatshare leases, with a flatshare pact between co-tenants. The departing co-tenant gives notice to the landlord and to the other co-tenants, and has every interest in finding a replacement. The figures differ markedly:
- Brussels: two months' notice, no indemnity. The leaver must have found a replacement or searched actively and sufficiently; otherwise his obligations end at the latest six months after his notice takes effect.
- Wallonia: three months' notice. If a replacement is accepted, the leaver is released with no indemnity; if not, he is released after the three months by paying his co-tenants an indemnity equal to three times his share of the rent.
- Flanders: three months' notice, no indemnity; without an accepted replacement, the landlord may still claim rent from him for six months after he leaves.
For the rest (pact, charges, a new co-tenant moving in), see our guide to flatsharing in Belgium.
Before handing back the keys
- Ask for the exit inspection, contradictory, compared with the entry inspection (see our guide to the inspection report).
- Take meter readings (electricity, gas, water) with time-stamped photos and send them to the suppliers.
- Pay rent and charge provisions up to the last day of the notice period, and ask for the statement of service charges.
- Ask for the release of the rental deposit, which is unblocked only by mutual agreement or by court order.
And the next home?
If you are leaving for a new home, time the signature of the new lease against the end date of the old one, so that you pay two rents for as short a time as possible; the one-month counter-notice helps a lot where it applies. To search, Domilinko connects owners and tenants in Belgium directly, with no intermediary: owners' identities are verified, listings show a verified EPC (PEB/EPB energy certificate), and the move-in inspection is carried out jointly, with photos and meter readings. Our tips for a successful viewing apply whatever site you use.
Compatri does not rent out housing and plays no part in your lease: this guide helps you understand your rights and find the right people to talk to. On a notice, one month's difference changes the amount owed: if in doubt, have your letter reviewed by your municipal housing service, a legal aid service or a tenants' association.
Official sources
- Brussels: renon et congé (templates): the notice templates published by the Brussels Region (in French; also available in Dutch).
- Wallonia: la résiliation du bail: notice periods and indemnities under the Walloon decree (in French).
- Wallonia: le bail de courte durée: ending short leases of three years or less (in French).
- Flanders: einde en opzegging van het huurcontract: the Flemish rules (in Dutch).
- Flanders: renting a property: the Flemish government's English overview of renting.
- Justice of the peace: the court with jurisdiction over lease disputes, whatever the amount (in French).
Frequently asked questions
When exactly does my notice period start?
On the first day of the month following the month in which notice was given, not on the day you post it, and this in all three Regions. Notice served on 8 March makes the period run from 1 April to 30 June. Do not wait until the last days of the month to post your registered letter: a few days' delay pushes the end of the lease back by a full month.
Do I owe an indemnity if I leave during the first three years?
On a nine-year lease, yes: 3 months' rent if the lease ends in year 1, 2 months in year 2, 1 month in year 3. The end date of the lease counts, not the date you sent the notice. After that, nothing. On a short lease an indemnity also applies, but the amount differs by Region.
Can I end a short lease before its term?
Yes, with three months' notice and an indemnity. In Brussels and Wallonia it is one month's rent (in Brussels, a lease of less than six months cannot be ended early). In Flanders it is one and a half months, one month or half a month's rent, depending on whether the lease ends in year 1, 2 or 3.
The landlord gave me notice: must I wait until his notice period ends?
No. If you find another home sooner, you may serve a one-month counter-notice, with no indemnity, even during the first three years. You then pay rent only until the end of that month. Serve it by registered letter, like an ordinary notice.
My lease is not registered: can I leave without notice?
In Brussels and Flanders, yes: after the two-month deadline and for as long as the lease is unregistered, the three months' notice and the indemnity do not apply. In Wallonia you must first formally require the landlord to register the lease; the exemption applies if that formal notice goes unanswered for one month. In every case, notify your departure in writing.
Is an email enough to give notice?
No. Notice must be in writing and its date must be provable: registered letter with proof of posting, hand delivery against a dated and signed acknowledgment, or service by a bailiff. An email will not protect you if the landlord disputes the date, and on a notice, the date decides the amount owed.
I am a co-tenant: can I leave on my own?
Yes. You serve notice on the landlord and your co-tenants: two months in Brussels, three months in Wallonia and Flanders. Without a replacement you may remain liable for up to six months in Brussels (unless you searched actively) and in Flanders; in Wallonia you are released by paying your co-tenants three times your share of the rent.