The tenant left without notice: what to do?
Philippe, a landlord in Ixelles, recounts how his tenant vanished overnight. Abandoned belongings, unpaid rent and the abandonment procedure.
- 01 The disappearance
- 02 The report
- 03 The procedure
- 04 The reletting
- 05 Lessons learned
August 2025 — the disappearance
I rent out a 35 m2 studio in Ixelles, which I have owned since 2021. My tenant, Romain, 27, a freelance graphic designer, had been living there for 18 months on a standard residential lease. Rent: EUR 850 including charges. Never any problems, regular payments, peaceful neighbourhood.
On 5 August I noticed the July transfer had never arrived — nor had August’s. Two months of arrears, EUR 1,700. I called Romain: voicemail full. Text message: no reply. Email: total silence.
On 8 August I went to the property. The letterbox was overflowing with unopened mail. The downstairs neighbour told me he had not seen anyone for “at least three weeks”. The blinds were down. The flat seemed empty, but I could not enter.
Never force the door, even if you are convinced the tenant has left. Under Belgian law, the home is inviolable (Article 15 of the Constitution). Entering without authorisation, even your own property, constitutes a violation of domicile.
August 2025 — the report
On 12 August I sent a formal notice by registered letter with acknowledgement of receipt to the studio address. I cited the 2 months of arrears and asked Romain to contact me within 10 days, failing which I would apply to the justice of the peace.
On 28 August the registered letter came back marked “unclaimed”. This was a further indication of abandonment, but not sufficient proof.
I contacted a bailiff in Brussels. The same day he went to the property, noted the accumulation of mail, the absence of signs of life, and questioned two neighbours who confirmed they had not seen anyone since the end of July. He drew up an official report of apparent abandonment. Cost: EUR 165.
A bailiff’s report is not compulsory but constitutes irrefutable evidence before the judge. It considerably speeds up the procedure and prevents later challenges.
September 2025 — the court procedure
Armed with the bailiff’s report and the unclaimed registered letter, I applied to the justice of the peace of Ixelles under the accelerated procedure (Article 1344bis of the Judicial Code). I requested:
- Termination of the lease at the tenant’s fault
- Authorisation to clear the property and store the belongings for 1 month
- An order for payment of arrears (EUR 1,700) and procedure costs
The hearing took place on 10 September. Romain, summoned via bailiff, did not appear. The judge pronounced termination of the lease retroactively to 1 August, authorised me to clear the property under inventory, and ordered Romain to pay the arrears.
On 20 September, accompanied by a locksmith and a witness, I opened the studio. Romain had taken the essentials: clothes, computer, personal effects. Basic furniture remained (table, chairs, a few boxes). I drew up a detailed photographic inventory, then had everything stored in a self-storage unit for 30 days.
Upon presentation of the judgment, the bank released the rental deposit of EUR 1,700 (2 months). This was exactly the amount of the arrears. I lost nothing on rent, but I lost 14 weeks of property availability.
October 2025 — the reletting
After a thorough cleaning, a fresh coat of paint and a new lease agreement, the studio was relet on 10 October to a new tenant.
Factual summary: 14 weeks between the disappearance and the new lease. EUR 1,700 recovered via the rental deposit. EUR 165 in bailiff costs. The real loss was limited to the 2.5 months of vacancy between the judgment and the reletting, approximately EUR 2,100 in uncollected rent.
What I learned
This experience profoundly changed my rental management approach:
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A deposit in a blocked account is non-negotiable. Without those EUR 1,700 blocked, I would have lost everything. Since then I categorically refuse informal arrangements like “I’ll give you 2 months cash”. Everything goes through a regulatory blocked account.
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React from the very first month of non-payment. If I had contacted the bailiff on 5 August instead of waiting for the registered letter to come back, I would have saved 3 weeks. In an abandonment situation, every lost week is a month’s rent down the drain.
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Always keep an alternative contact number. Since then I ask every tenant for an emergency contact (parent, employer) when signing the lease. Not to harass them, but to reach them in case of prolonged silence.
Other real-life cases that may help: My tenant has not paid for 3 months and My tenant sublet without permission.
- “**Never touch the tenant's belongings without a court order.** Even if the flat appears abandoned, clearing it without an official report exposes you to prosecution for violation of domicile.
- “**Always insist on a rental deposit in a blocked account.** It is the only effective protection in the event of departure without notice. Without it, recovering arrears is virtually impossible if the tenant cannot be found.
- “**Have the abandonment recorded by a bailiff quickly.** The longer you wait, the more months of unpaid rent accumulate with no possibility of reletting. A bailiff costs EUR 150-200 but secures everything that follows.
Week-by-week timeline
Frequently asked questions
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No. Even in the case of apparent abandonment, the landlord cannot enter the dwelling without the tenant's consent or an order from the justice of the peace. The sole exception is an emergency (water leak, fire) in the presence of a witness.
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You must apply to the justice of the peace for authorisation to clear the property. The judge sets a deadline (usually 1 month) during which the belongings must be kept. After that period they may be removed. Draw up a detailed inventory before touching anything.
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Yes. The lease continues until it is terminated by the judge or by mutual agreement. In practice, the judge terminates the lease from the date of the abandonment report and orders the tenant to pay arrears. However, if the tenant cannot be found, enforcing the judgment is difficult.
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Yes, provided the lease has been officially terminated (by judgment or agreement). The bank releases the deposit upon presentation of the judgment. This is often the only amount the landlord actually recovers.
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