Search Q&A
Notice from landlord to tenant
I have lived in the same flat as a tenant for the last 15 years. My landlord died and I was informed that he had donated this flat to an organisation. This organisation plans to sell the flat. I would like to know how much notice the new owners are obliged to give me if they want me to leave the flat. Is it 3 months or more? Thank you.
Plans to sell the flat means that the flat is not sold yet.
So even if in Brussels (?) there is high demand for apartments, any sale might take around 5 to 6 months to complete (negotiations, signature of first contract Compromis de Vente, signature of final Act d'Achat). Only when the last contract is signed the new owner can send you the resiliation letter with 6 months notice, with the 6 months starting from the next 1st day of the month when you receive the letter. The new owner can enter himself/herself or a very close member of the family or can enter if he/she plans to do work in the place for a large amount of money. This should be written already in your contract; penalties for not respecting these clauses are quite high. You could actually ensure that the owner takes residency there after you leave, if not penalties apply.
So give it or take it and if your flat has not been sold, you might have another year to stay comfortably in your place.
I also forgot to mention that based on a new law dated Jan 2024, before putting the apartment on the market the owner has to notify you, inform you of the asking price and you have priority in case you wish to buy it.
Have a search in "Droit de préférence du locataire" in the Brussels Commune website. There are several conditions to be respected.
