For a commercial lease that is in the indefinite term phase, there are different rules regarding termination. This concerns a regulation that cannot be found in the Commercial Lease Law.
Onbepaalde duur
A commercial lease is in the indefinite duration phase when:
- on the one hand, the tenant continues to rent the premises after the expiry of 9 years, without renewing the commercial lease;
- and on the other hand, the landlord has not opposed the continuation of the lease.
Note that this is not a situation where the commercial lease was extended or renewed. In these specific cases, there is always a definite duration, and therefore no indefinite duration.
Termination by the tenant
Along the tenant's side, the Commercial Lease Law nowhere provides a specific regulation regarding a termination option. As a result, case law has had to find a solution to fill the void. Both the Constitutional Court and the Court of Cassation have confirmed that the tenant can terminate the commercial lease at any time, provided that it gives one month's notice.
The motivation for this such short notice period involves the application of general rent law, as the commercial lease law (= special rent regime) itself does not provide for a regulation. The general rental law, more specifically art. 1736 old Civil Code, says that contracts of indefinite duration are deemed to have been entered into per month. As a result, in a commercial lease of indefinite duration, the tenant must respect a notice period of one month.
As a tenant, you can therefore terminate the commercial lease after serving a one-month notice. In any case, the notice must be served by registered letter or bailiff. This formality is of mandatory law, i.e. the notice is invalid if you do not comply with this formality.
Termination by the landlord
The landlord is subject to eighteen months' notice in accordance with art. 14, paragraph 3 of the Commercial Lease Law.
The large difference in notice periods between the tenant and landlord (one month vs. eighteen months) is not a violation of the principle of equality, according to the Constitutional Court. After all, if the landlord were to terminate the commercial lease for an indefinite period, the tenant would again have the right to request a lease renewal.