How to handle unpaid rent step by step

First reflexes when facing non-payment

A rent payment that is a few days late is not necessarily a disaster. A delayed transfer, an oversight, a bank change: there are innocent reasons. But non-payment that continues or recurs must be dealt with quickly and methodically.

In Belgium, unpaid rent is the primary reason for cases brought before the justice of the peace in rental matters. The sooner you react, the better your chances of recovering the amounts owed and preserving the tenancy relationship. Conversely, allowing months of arrears to accumulate significantly reduces your chances of recovery.

Step 1: amicable reminder (day 1 to 15)

Direct contact

From the 5th day of delay, contact your tenant by phone or message. Stay neutral and factual: “I note that the rent for [month] has not been credited. Can you confirm the situation?”

This first contact often clarifies the situation:

• Oversight or bank delay: the tenant pays immediately
• Temporary financial difficulty: you can agree on a payment plan
• Refusal to pay: move immediately to the next step

Written reminder

Send an e-mail or simple letter reminding them of:

• The amount due and the due date
• The account number for the transfer
• A 10-day deadline to regularise

Keep a copy of every exchange. These documents will be essential if the situation escalates.

Step 2: formal notice (day 15 to 30)

If the amicable reminder has no effect, send a formal notice by registered mail with acknowledgement of receipt. This letter has important legal value: it proves the tenant was formally warned.

Content of the formal notice

1. Reminder of the facts: amounts due, due dates, previous reminders
2. Reference to the lease clauses relating to rent payment
3. Request for full payment within 15 days
4. Mention of the consequences in the event of non-payment (lease termination, legal proceedings)

Debt payment plan

If the tenant acknowledges the debt and proposes a payment plan, formalise the agreement in writing:

Step 3: conciliation before the justice of the peace (day 30 to 60)

Before initiating contentious proceedings, attempt a free conciliation before the justice of the peace. This process is quick, informal and often leads to an agreement.

How it works

1. You submit a conciliation request to the clerk’s office of the justice of the peace in the property’s jurisdiction
2. The clerk summons the parties within 2 to 6 weeks
3. The judge hears both parties and attempts to bring them together
4. If an agreement is reached, it is recorded in conciliation minutes which have the force of a judgment

Advantages of conciliation

• Free (no clerk’s fees, no lawyer required)
• Quick (a few weeks vs several months for a judgment)
• Preserves the tenancy relationship if a payment plan is agreed
• The conciliation minutes are enforceable (the bailiff can intervene in the event of non-compliance)

Step 4: proceedings before the justice of the peace (day 60+)

If conciliation fails or the tenant does not appear, you can bring the case before the justice of the peace by petition to the clerk’s office (35 EUR) or by bailiff’s summons (150-300 EUR).

What you can request

• Condemnation to payment of arrears of rent and charges
• Termination of the lease at the tenant’s fault
• Eviction with a minimum one-month notice period
• Damages for the vacancy period

The proceedings

1. Filing the petition with supporting documents
2. Hearing within 2 to 6 weeks
3. The judge examines the evidence (lease, bank statements, formal notices, police reports)
4. Judgment: condemnation, imposed payment plan, or lease termination

To learn about all your landlord obligations during the procedure, see our dedicated guide.

Preventing non-payment

The best strategy remains prevention:

• Rigorous tenant selection: verify income (minimum 3 times the rent), request the last 3 payslips and employment contract
• Maximum rental deposit: 2 months on a blocked account or 3 months via bank guarantee
• Unpaid rent insurance: some insurers cover up to 12 months of arrears and cover legal costs
• Bank direct debit: offer a standing order to automate payment
• Monthly tracking: check each month that the rent has been credited and react from the first delay

A rental management tool automates payment tracking and alerts you immediately in the event of a delay. Investing in tenant selection and a solid lease remains the best protection against non-payment.