Termination rental contract Belgium

Hello dear expats,

I am moving to Belgium next month and I am looking for an apartment to rent. I have a question about termination of the rental contract. I need to know that to negotiate the duration of the contract with an agency.

As far as i know there is a 3-6-9 years agreement. Meaning, that if you terminate the contract during the 1st year, you will pay 3 months rent, during 2nd year - 2 months rent, during 3rd year- 1 month rent as a fine. That is all clear.

But i need a contract for shorter time. If i am lucky and i get my rental contract for 2 years (actually i need it for less than a year, but i think it is impossible to get) and i terminate it within 1st year, what fine (if any) do i need to pay?
Maybe someone can give me a link where it is written?

Thanks a lot in advance!

Generally, for contracts of 9 years on paper, you can leave the apartment after, 3 years with a 1 month notice and no penalty. If you leave after 2 years, it's one month rent penalty and if you leave after 1 year, there is two months rent penalty.

Whereas with contracts smaller than this timeframe (for instance 2 years), if you leave the apartment after 1.2 years, you may be asked to pay for the remaining 8 months of rent.

Best is to come to and agreement with the land lord. At times they are ok if you can find someone to take over your contract.

Bottom line is that although there are these general terms, it depends on how you negotiate with the land lord. Just make sure you have the agreement written down on paper for official evidence.

Cheers,
N

Thanks for the reply! To pay for the remaining 8 months and not to live there sounds not very exciting :(

But I got it, i will need to negotiate

As a former Belgian lawyer I'd like to explain you shortly the Belgian legislation on renting for housing.
To have the best legal protection, it is important you register yourself officialy at the adress of the apartment you're renting and living at.
Generally the term for renting is 9 years. In that case you can give up the lease after 3 years completed if the landlord is informed officialy at least 3 months in advance.
If you want to give up the lease during the first year, you have to respect the term of notice of 3 months and after your lease, you pay a penalty of 3 months rent. During the second year the penalty is reduced to 2 months rent and during the thirth year it is reduced to 1 month.
You also can rent a housing for a short period, which may not last longer than 3 years. Giving up this contract is normally not possible unless negociated with the landlord.
Welcome in Belgium and good luck

Thanks a lot for your reply!

That is funny how lawyer gives half information. But ok, you can meet a lot of such cases here.
Here is site to read and you can find .pdf to translate and read.

https://www.notaire.be/immobilier/louer … principale


@Kylian de Kersbeeck 

Dear Kylian,

I was wondering if I can terminate the lease without a three month notice. The reason for this is that my landlord doesn't fix a big problem for 4 years. 

Let me explain the problem briefly. There is abig growing mold in my bedroom, to define it clearly, I may say, the wall first formed ballons and then they popped and now there are very little insects inside each. I also have a  bery little baby living eith us in the same room. As a mum, I have some concerns about her health, so  I keep the windows open all through the day to have a fresh air but of course it is a temporary solution. 

We informed him many times and he had a deaf ear for this problem. After a while, we found another apartment, and informed him, but not in 3 months. So, he says we have to pay two months rent as a fine despite knowing the reason for this moving.

I would like to ask you again if we have any rights to leave the apartment immediately without a notice as he didn't fix this major problem. I also wonder if we have more rights as a tenant. 


Many thanks for your response. 

Best, 

Aysun
@Aysun Caliskan hmmm, I have two things on my mind, as a mum too. I generally fix any apartment I live in, without waiting for the landlord, I do this for the comfort of my kids. 


But in the case that you have made up your mind to quit, the contract you signed is legally binding on you at the court. If there's any part of the contract that mentioned that the landlord is meant to fix the house at anytime he is informed, then you can take him to court for that.
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