Giving Notice to Your Tenant in Brussels UpperKey's Tips
- UpperKey News
- Nov 26, 2021
- 9 min read
Updated: Jun 9
A lease agreement is the cornerstone of any rental relationship in Brussels, serving as a legally binding contract between a landlord and a tenant. This document outlines the terms and conditions for renting a property, including the rights and responsibilities of both parties, and may require you to create an account . In the capital city, lease agreements are governed by the Brussels Housing Code, which ensures that both landlords and tenants are protected throughout the rental period. Whether you’re a landlord looking to rent out your apartment in the city centre or a tenant searching for accommodation close to a car park or public transport, having a clear and comprehensive lease agreement is essential.
By setting out the expectations for rent payments, security deposits, and the use of the property, a well-drafted contract helps prevent misunderstandings and disputes, making the renting process smoother for everyone involved.
Table of Contents
Types of Lease Agreements in Brussels
When renting a property in Brussels, it’s important to understand the different types of lease agreements available. The most common options include short-term leases (less than three years), standard leases (three to nine years), and long-term leases (over nine years). Each lease agreement comes with its own set of rules and requirements, which can vary greatly depending on the best rates available. For example, a short-term lease might require a higher security deposit and could be ideal for tenants who need flexibility, such as those visiting the city for a limited rental period or for business.
On the other hand, a long-term lease offers greater stability and security for both tenants and landlords, making it a popular choice for those planning to stay in Brussels for an extended time. Before signing any contract, it’s crucial to review the terms carefully—such as the amount of the security deposit, the conditions for early termination, and the responsibilities for maintenance—to ensure the agreement meets your needs.
Writing an end of tenancy letter for a property in Brussels
Both landlords and tenants have to comply with the stringent rules and regulations designed to protect themselves and each other when a tenancy agreement is about to be terminated. Tenants are exceptionally well protected by the Belgian legal system, imparted with numerous rights, which can help them pursue their interest in fair treatment . Even the worst behaved tenants can take years to evict, with the reasons to do so severely limited. Notice periods are incredibly lengthy, and the procedure is strict.
Note: It is essential to ensure that all legal requirements are met when giving notice, as failure to comply can result in delays or additional penalties. There can also be ‘compensation’ to pay, often quite substantial, by either party terminating a lease before its expiry date. The Brussels Housing Code governs the regulations concerning all rental contracts in the Brussels-Capital Region.
Registration of the lease
Each lease in Belgium must be registered within 2 or 4 months of being signed. The registration should be supplied to the office of the Receiver of Registrations, Ministry of Finance. There must be 3 copies of the lease, along with proof of a valid credit card if any payment is made upfront : one for the landlord, one for the tenant, and one for the registry.
The 3-6-9 lease – notice periods
Where a contract is made for 3 years, neither tenant nor landlord can terminate the lease before completion of the term, unless there is a specific provision written into the contract that allows for a move to a different location.
Where the landlord terminates the tenancy without good reason, they are bound to pay the tenant an amount of compensation. The amount is governed by the duration of the tenant’s occupation.
Compensation of 9 months’ rent after an occupation of 3 years may also depend on the agreed drop off date of the property.
Compensation of 6 months’ rent after an occupation of 6 years.
Termination of the lease must be served by registered letter. The notice period begins on the 1st day of the following month. The landlord must always grant the tenant 6 months’ notice, including clarity on the pick up time for any final inspections. A compensation of 18 month’s rent is payable in any instance where the landlord fails to provide the correct amount of notice to the tenant. Reasons a landlord can terminate a lease. There are only a few reasons a landlord can terminate a lease. Unless the landlord wants to face the high compensation fines, they should adhere to the rules during all action and correspondence, and also within the tenancy contract cancellation letter, for their Brussels properties.
If you have any questions about compensation or notice periods, contact the appropriate office or authority for further assistance, especially if your rental is related to tourism.
Personal occupation
The owner can end the lease at any time for personal occupation. They must provide the tenant with 6-months notice. Personal occupation must be shown in the termination notice as well as the identity of the person occupying the property and their relationship to the landlord.
Reconstruction, transformation or renovation
The owner may also terminate the lease to perform major renovation work on the property, which may require a collision damage waiver if applicable. This can only be used as a valid reason for the completion of the first or second 3-year lease term. The tenant must be provided with 6 months notice and the exact reason for the termination. The reconstruction reason for termination must meet 4 conditions of the Brussels Housing Code.
Termination with no motive
The owner may terminate the lease after the first or second 3-year term with no reason, but with the following penalties. The tenant must be given 6-months notice and be paid the corresponding amount of compensation. The amount of compensation is 9-months rent when the tenancy is terminated at the end of the first 3-year term, or 6-months rent if served at the end of the second 3-year term.
The tenant can terminate the lease with no reason
The tenant can terminate the lease at any time with no reason. They must serve the landlord 3 months’ notice and pay the corresponding compensation, covered by the 3-6-9 agreement.
The compensation amounts are, which may vary depending on the locations drop off chosen by the tenant.
3 months’ rent if terminated in the first year of the lease
2 months’ rent if terminated in the second year of the lease
1 months’ rent if terminated in the third year of the lease
From the fourth year, the tenant is no longer required to pay compensation if they wish to terminate the lease early, but the 3-months’ notice period is still required. By waiting until after the third year to give notice, tenants can save money by avoiding compensation payments.
How to legally terminate a lease agreement in Brussels, Belgium
Rental contracts in Brussels have three standard durations:
Short term lease – less than 3 years
Standard lease – 3 to 9 years
Long term lease – longer than 9 years
The standard lease is the most common for tenancies throughout Belgium. When the 9-year term of a standard lease is complete, it is automatically renewed unless either the landlord or tenant has given written notice by registered letter with the intention not to renew. The written notice must be provided 6 months in advance of the lease's termination date. Where the contract is renewed, this happens in 3-year periods, with any notice of termination given 6 months in advance of the 3-year term completion.
Landlord termination of lease by eviction
Eviction for non-payment of rent is acceptable in Belgium. The landlord should be aware that this could be a lengthy process when handled by the courts. The duration of the eviction trial can last up to 2 months and may take up to a year for the decision to be enforced. Legal representation is strongly advised when entering the process. Some parties may also consider obtaining insurance to cover legal costs or losses associated with eviction.
How to give tenants a notice letter in Brussels
It’s complicated trying to provide a single sample letter giving notice to a tenant in Brussels, as there are many varying factors (notice, reason, compensation) that render each case unique. The notice letter of the lease will be dependent on the reason for the termination. It may be acceptable to provide a simple letter that includes the landlord’s and tenant’s names and addresses, the dates of when the lease started, when the notice period is set to begin, when the lease terminates, and the arrival date of the notice—that is, the date the notice is considered received by the tenant or landlord.
It is almost always likely to have to include a reason for termination. If there is compensation to be made, full details must be included specific to each case.
For every unique case, it is recommended that you seek legal guidance when sending a lease termination letter to comply with the country’s laws. A competent Belgian lawyer will be able to supply copy, or a template or sample letter giving a tenant notice in Brussels.
Delivering the Notice Letter
When it comes time to end a lease agreement in Brussels, delivering a proper notice letter is a critical step. The notice letter should clearly state the reason for termination, the intended termination date, and any further details required by the lease agreement or the Brussels Housing Code. To ensure the process is legally valid, the notice should be sent by registered post, providing proof of delivery and compliance with local regulations. Tenants should double-check that all necessary information—such as the main driver’s name (if applicable for car park or car hire arrangements), the address of the property, and the agreed-upon notice period—is included. Seeking legal advice can help both landlords and tenants avoid costly mistakes and ensure that the notice letter is accepted without issue. By following the correct procedure, you can protect your rights and make the transition to a new rental or location as smooth as possible.
Sample letter of termination of a tenancy agreement, by the tenant
There is no specific legal format required for a tenancy resignation letter in Brussels, but the required 3-months’ notice must be served, in writing, preferably delivered by registered post.
Name
Address
Postcode and City
Country if different from landlord
Landlord Name
Landlord Address
Landlord Postcode and City
Landlord Country if different from yours
Madam, Sir,
I hereby inform you of my intention to terminate my rental contract for the apartment located < full address to be inserted> which I have occupied since < commencement date on your lease >.
This termination will be effective on the < DATE to be inserted here>, thus respecting the three-month period to which I am bound.
Pending receipt of your response, please accept, Madam, Sir, the expression of my best regards.
Firstname Surname
Signature
After serving notice, it is recommended that you book your next accommodation as soon as possible to ensure a smooth and secure transition.
What are the Key Tenant Protections?
Tenants in Brussels benefit from robust legal protections designed to ensure fair treatment throughout the rental period. The Brussels Housing Code sets out clear guidelines for rent payments, the condition of the property, and the responsibilities of both landlords and tenants. For example, tenants are entitled to a minimum rental period and cannot be evicted without a valid reason and proper notice. If a landlord attempts to terminate a lease agreement without following the correct procedures, tenants may be eligible for compensation or even alternative accommodation.
The law also provides access to dispute resolution services, helping tenants and landlords resolve conflicts without resorting to lengthy court battles. Understanding these protections is essential for tenants, especially in a city with a large population and many visitors, as it ensures you know your rights and can seek help if issues arise with your rental or payment.
Relocating after Termination
After a lease agreement ends in Brussels, tenants often need to find new accommodation quickly, especially in the bustling city centre or other popular locations. The city offers a wide range of rental options, from modern apartments within walking distance of public transport and car parks to spacious houses in quieter neighborhoods. When searching for a new place, it’s important to compare companies, locations, and amenities to find the best fit for your needs and budget. Many services allow you to search for available rentals, check reservation look up options, and even receive exclusive offers for early bookings. If you’re relocating due to lease termination, you may also be eligible for assistance with moving costs or help finding a new property.
By planning ahead and understanding your rights as a tenant, you can ensure a smooth transition to your next home in Brussels, and potentially access even more exclusive offers for new rentals.
FAQs
Q1: What is the notice period for renting in Brussel?
For a standard 9-year lease, the tenant must give 3 months’ notice. The landlord must give 6 months.
Q2: How do I terminate a rental contract in Brussel?
Send written notice by registered mail, stating the termination date and respecting the legal notice period.
Q3: What is Article 237 5 of the Brussels Housing Code?
It outlines valid reasons and procedures for landlords to terminate a lease, including occupation, renovation, or without motive (with compensation).
Q4: How much notice period do I need to give?
Tenants: 3 months. Landlords: 6 months, with possible compensation depending on the reason and timing.
Q5: What is the legal notice in Brussel?
Legal notice must be given in writing and sent by registered mail; timing depends on lease type and who initiates termination.
