When the tenant wants to exit the rental contract

If a contract is due to end on a specific date, the tenant is simply obliged to complete his/her duties until that date.

However if the contract is tacitly renewable and if the tenant does not want to stay on, a notification must be sent to the landlord ahead of the 3 months’ notice.

In the instance when the rental agreement is tacitly renewed year on year, the tenant is expected to comply his/her duties until the end of the current contract year regardless of the given notice.

Some landlords are more flexible and will accept an earlier exit provided that the tenant or the appointed estate agent is able to find a new tenant to take over the rental property. This does not mean that the new tenant will “finish off” the existing contract, usually a new one is drafted.

The so-called “clause diplomatique” is often included in the contract. It allows the tenant to leave the property earlier than the set date on the one condition that he/she is relocated to another branch of the company, outside of Luxembourg. It does not apply when changing employer or when being let go. The 3-month-notice rule still applies and if the tenant leaves before the notice is up, payments and obligations must still be met until the end of it.

2 thoughts on “When the tenant wants to exit the rental contract

  1. Hello,
    I would like to know what happens when you signed the contract with two other cotenants (solidary) and you’re the only one that wants to close it and leave.
    Once you finish the year, you give the notice on your own, would it be enough? would it be necessary to send another notice letter to the flatmates or would there be any other issue?

    • Hi there,

      If you sign a rental contract in which you declare to be in solidarity with your flatmates they are responsible to pay your rent between the time you leave and the end of the contract period. It is best to talk to them to inform hem of the situation, maybe you can find a replacement, if allowed in the contract by the landlord.

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