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Terminate your lease early?

Kim is here to clarify things for you:
14.12.2023

Terminate your lease early? Zoom on severance costs! 🔍

Didn't expect to meet your soulmate so quickly and move in with him/her? Or find your dream job in another city? You want to break your lease and your landlord asks you to pay extra months' rent. Is this legal? How much should you pay?

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Basically, a letter to the landlord (by registered mail with confirmation of receipt), 3 months before your move is okay if you leave your home 👌 (of course, you keep paying your rent during these 3 months’ notice). The notice period for your lease starts on the first of the month following the mailing of your registered termination letter.

But it gets complicated if you break your lease within the first 3 lease years. In that case, the landlord can charge a termination fee, on top of your 3 months’ notice.

What does the law say about this? ⚖️

For 9-year leases:

You must pay an indemnity calculated on the value of your last rent (excluding charges and fees).  If you leave your rental during the:

  • First year: 3 months' rent
  • Second year: 2 months' rent
  • Third year: 1 month's rent

For short-term leases (less than or equal to three years):

Compensation varies according to the region where you live:

  • In the Brussels-Capital region: 1 month’s rent.  Note that you cannot resiliate your contract before the end of the first 6 months of the lease, unless you reach an amical agreement with your landlord.
  • In Walloon region: 1 month's rent.
  • In the Flemish region: first year: 1 ½ month's rent; second year: 1 month's rent; third year: ½ month's rent.

This payment must be made when you leave. This is also the time when you complete the exit inventory. No damage? Great, you get your deposit back.

Law provides two exceptions:

➡️ The lease is not registered. You have the right to leave your home at any time, without notice or fees.

➡️ Your landlord terminates the lease. If you find another accommodation before the end of the notice period, you don't have to pay any compensation.

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