- 1 of 47 - BELGIUM Catherine DELFORGE and Ludivine ...

Question 8: Justification for Time Limit
a) L and T have concluded a contract limited to one year with automatic renewal for
another year, provided that no party has given notice three months before the annual
deadline. No particular reason for this limitation is mentioned in the contract. After 6
years, respecting the delay of three months before the annual deadline, L gives notice of
termination without alleging any reasons. Is this lawful?
b) Does the restriction of notice under a) (which is possible only once per year) apply to T,
too?
When the lease is concluded for a duration of less than three years, and neither of the
parties wants to put an end to it by giving notice of a request to leave at least three months
before the expiration of the agreed term, this lease will only be able to be renewed a single
time, and on condition that the total duration does not exceed three years. If at the expiration
of the duration of a maximum of three years set by agreement the tenant remains in the
premises without opposition from the landlord, the lease will be considered to be concluded
ab initio for a duration of nine years, and article 3 §§ 2 to 4 will be applicable (powers of
anticipatory termination).
In the case cited above, because the renewals of the lease concluded initially for one
year take the total duration to more than three years, the lease has become a nine-year lease.
The lessor will be able to terminate it legally, without reason, only while respecting the
conditions decreed in Article 3, § 4, that is by means of the payment of compensation. If the
rupture occurs at the expiration of six years that is at the end of the second three-year period
the compensation will be six months of rent.
The notice to quit must be given at least six months before the expiration of the threeyear
period under way 114 , for lack of which it will be deprived of effect and the tenant will be
able to remain in the premises until the expiration of nine years calculated from the day of the
conclusion of the initial lease.
However, the lease can always be renewed for "exceptional circumstances" (accepted in
an agreement between the parties or by judicial decision) (article 11 of the Statute on
Tenancy). In this case, a request to leave will no longer have to be given at the expiration of
the renewed lease.
Question 9: Termination in Special Cases
L and T have concluded a contract with or without time limit.
a) L dies. Can her heirs give immediate notice to T?
b) The house is sold. Has the buyer a right to give anticipated notice?
c) A bankruptcy procedure is carried out against L at the end of which the house is
auctioned off. Can the buyer give anticipated notice?
114 One must note that article 3, § 9 of the Law indicates that "when a leave can be given at any time, the length of notice becomes
effective the first day of the month which follows the month during which the request to leave is given".
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