When you leave a rented flat, you must give notice. What is the legal period in Luxembourg? What do I need to know about terminating a lease? Our legal expert, Claudia Thirion, gives us the answers.

Notice period to be respected by the tenant for the termination of the lease

For all leases, if the lease is concluded for an indefinite period or if it is an oral lease, the tenant may terminate it at any time, but must respect the usual notice period which, depending on the location, is 2 or 3 months: the notice period is in principle 2 months in the cantons under the jurisdiction of the Esch-sur-Alzette Peace Court and 3 months in the rest of the country. In reality, there has recently been a tendency for the latter court to apply a notice period of 3 months.

Exception to the notice period according to the use of the premises: for residential leases

According to Article 1736 of the Civil Code, the period for termination of a residential lease is 3 months (6 months in case of termination for personal need by the landlord), unless the written lease contract provides for a period longer than 3 months.

Fixed-term lease agreement

If the lease has been concluded for a fixed term, the tenant must respect the agreed term.

If he terminates the lease early, the termination is valid, but Article 1760 of the Civil Code provides that ". in the event of termination through the fault of the tenant, the latter is obliged to pay the lease price for the time necessary for re-letting, without prejudice to any damages which may have resulted from the abuse ".

Thus, in theory, a tenant who terminates the lease early may be liable to pay rent until the agreed term if the premises are not re-let before the end of the contract, as well as possible damages if the landlord has suffered other damages as a result of the tenant's early termination.

For more information, please see this article from atHome.luor this documentation of the Luxembourg State.