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Breaking the lease: notice period

Question

Good afternoon,
I am breaking my lease contract being on the 2nd year of rent, so I assume I have to pay 2 month of penalty.
I know that the notice period should be at least 3 month, but what if i inform only 2 month before leaving? Will I have to pay any additional fees?
Thank you.

J

If you give notice TODAY, then you pay rent for Sept + Oct + Nov + an extra 2 month's penalty, and you can leave at any time before 30th Nov.

If you wait 2 days until 1st Sept, you lose a month and will have to pay Dec rent as well, with the last day for moving out as 31 Dec.

I hope that is crystal clear.

Aug 30, 2016 17:49
becasse

As J effectively states, 3 months' notice means 3 clear calendar month's notice (as it does for all forms of contract in Belgium unless specifically stated otherwise in the contract concerned).

And make sure that you understand how to give that notice, you are already too late to send it by "registered" post so you will have to deliver it by hand AND get a signed receipt.

Aug 30, 2016 20:34
CC_R

The answer is yes even if you leave before if it's in the lease you pay. Unless you have a very kind landlord indeed.

Aug 31, 2016 09:01
Katya Iemelianova

Thank you all for the answers!
Unfortunately my landlord in not kind at all, so I will have to pay full penalty and stay 3 months.
I have already informed him last week by phone that I am going to leave, so I guess it's still fine that I will send the official letter signed today, right?

Aug 31, 2016 09:11
kasseistamper

If your landlord does not receive written notice TODAY he has a legal right to ask for a further month rent from you.
You cannot prove that you gave him notice by phone and if, as you say, he is 'not kind at all' it is not worth the risk.
However inconvenient, take two copies of your notice to him and get him to sign and date one as proof of receipt of the other. It has got to be a better plan than risking paying a for further month.

Aug 31, 2016 10:28
K12

Dear all,

I have something similar. I sent my letter on time but the owner wants me to pay the 2 month penalty before the inventory and the release of the deposit. I told him that I can give him the 2 months of deposit if he wants. Btw the apartment doesn't have any damage.
I am leaving from the country in 2 weeks and I am not Belgian. If I do not pay the 2 months penalty what are the consequences please?
Thank you very much for your kind answer.

Aug 31, 2016 18:01
Eric Ash

He might start a court case against you as you will have a contract dispute, so that may cost you a lot more but he may also decide that he drops it.

In any case, morally you have a problem if you breach a contract.
It is up to you.

Sep 11, 2016 18:39
aps_reine

I'm in kind of a similar case, I gave notice on October 1 but the landlord insisted on a exit inventory on December 7th, so I found a new place and moved out on November 12th. Since the landlord arranged and scheduled the exit inventory for December 7th I understood this as meaning he is OK with an early termination of my lease and I only have to pay rent up to the day of the exit inventory. Now he is threatening to cancel the exit inventory appointment until I pay the rent in December, but I've already moved out because he scheduled the exit for December 7th. Seems illegal to me. Anyone have advice on this?

Dec 2, 2016 11:51
mslovin

Hello,

There is mold growing in my apartment, and I have communicated this issue to my landlord for several months. but he has not resolved the issue. I am allergic to mold, and it has caused me to become ill and visit the doctor several times. I am now giving my notice, and it seems that in Tenant Law for Belgium I am not obligated to pay three months of rent to leave because the apartment has not been maintained in a habitable state by my landlord, but my landlord has claimed that he is not responsible for the mold and there has never been a mold problem in the apartment. I know this is not true because other tenants also have mold in their apartments.

Seeking any advice you can offer.

Thank you!

May 6, 2017 09:52