How I handled my first unpaid rent: account and lessons learned

The context: a model tenant who falters

January 2024. My tenant had been in the flat for 18 months. Never a late payment, never a complaint. The ideal profile: permanent contract, stable income, excellent first impression. And then, on the 5th of the month, no bank transfer. Then the 10th. Then the 15th.

This is not an invented textbook case. It is a situation that 7% of Belgian landlords experience each year according to sector statistics. And the first time, you are rarely prepared.

My main mistake? Waiting. Out of politeness, discomfort, ignorance of the procedure. Every day of delay complicated the resolution. Here is the full account, with the mistakes and the right decisions, so you can react faster if it happens to you.

The first days: between politeness and inaction

Day 5: the first sign

The transfer did not arrive on the usual date. I told myself it was an oversight, a banking issue. I sent a polite text: “Hello, I haven’t received the January rent yet. Any problem?”

No reply.

Day 10: doubt sets in

I called. Voicemail. I sent an email. Silence. This is when I should have switched to formal writing, but I waited. First mistake.

Day 15: the realisation

I finally sent a written reminder by email, keeping a neutral tone. The tenant replied that they were going through a difficult period and would pay “soon”. No precise date, no repayment plan.

What I should have done from day 5

The formal notice by registered letter is the key step. It triggers the legal deadlines and proves your diligence in case of judicial proceedings.

The escalation: a month without rent

The formal notice (at last)

At the end of January, I sent a formal notice by registered letter. It stated the amount owed, the 15-day deadline for payment, and the consequences of non-payment (referral to the justice of the peace).

The tenant acknowledged receipt but did not pay. February arrived, and a second month of unpaid rent was added to the first.

Mounting costs

At this stage, my losses were:

And this was just the beginning. Not counting the stress, the time spent and the uncertainty about what would follow.

Mediation: the turning point

Why I chose mediation

Referring the matter to the justice of the peace was the logical step, but a lawyer friend advised me to try mediation first. The advantages: faster (a few weeks compared to several months), cheaper (150 to 300 EUR compared to 1,000+ EUR in legal fees), and the relationship preserved.

How it went

I contacted an accredited mediator via the Federal Mediation Commission. Two sessions were enough:

1. Session 1: each party explains their situation. The tenant had lost their job and could not pay the full amount. They simply had not communicated this.
2. Session 2: agreement reached — a repayment plan spread over 6 months, with immediate resumption of normal payments.

The mediation agreement

The agreement was drafted and signed by both parties before the mediator. It can be ratified by the justice of the peace to obtain enforceable force, which I did as a precaution.

The tenant honoured the plan. The arrears were cleared in 5 months instead of 6. At the end of the lease, we parted on good terms.

To understand all the options available in case of unpaid rent, prevention remains the best strategy.

The 5 lessons I learned

1. Act quickly, without aggression

The delay between the first late payment and the formal notice should not exceed 15 days. Being quick is not being hostile — it is being professional.

2. Put everything in writing

Every exchange, every promise, every agreement must be documented. Texts and emails are admissible evidence before the justice of the peace.

3. Never cut off utilities

It is illegal and counterproductive. Cutting off water or heating exposes the landlord to prosecution and destroys any possibility of amicable resolution.

4. Mediation before the court

For a first instance of unpaid rent, mediation is almost always the best option. It is faster, cheaper and preserves the relationship.

5. Prevent rather than cure

Since this experience, I have put in place:

• Thorough vetting of tenant candidates (payslips, employment contract, references)
• A direct debit clause in the lease
• Automated rent tracking via a rental management tool
• Unpaid rent insurance

What I should have done differently

In hindsight, this experience cost me approximately 2,000 EUR in lost income and various expenses, but it taught me lessons worth far more. Summary of what I would do differently:

• Day 5: phone reminder + formal email
• Day 15: formal notice by registered letter
• Day 30: mediation or referral to the justice of the peace
• From the start: unpaid rent insurance and rigorous tenant selection

The good news is that the majority of unpaid rent situations in Belgium are resolved amicably. The key is to act quickly and remain professional. For more on the full procedure in case of non-resolution, see our guide on tenant eviction in Belgium.