Tenant eviction in Belgium: grounds, procedure and deadlines
The tenant eviction procedure in Belgium step by step. Legal grounds, formal notice, justice of the peace, deadlines, bailiff, winter truce and tenant rights.
Legal grounds for eviction in Belgium
Tenant eviction is a last resort, strictly regulated by law. In Belgium, a landlord cannot evict a tenant on their own initiative: only the justice of the peace can order an eviction, and only on legal grounds.
Grounds justifying an eviction request:
| Ground | Frequency | Procedure |
|---|---|---|
| Unpaid rent (2+ months) | Very common (~70% of cases) | Justice of the peace |
| Serious and repeated nuisance | Common | Justice of the peace |
| Deliberate property damage | Moderately common | Justice of the peace |
| Breach of lease clauses | Moderately common | Justice of the peace |
| Occupation without title (lease expired) | Common | Justice of the peace |
| Use contrary to the property’s purpose | Rare | Justice of the peace |
In all cases, the landlord must prove the grounds before the judge. Documentary evidence (formal notices, bailiff’s reports, neighbour testimonies) is essential.
The landlord may under no circumstances evict a tenant by their own means. Changing locks, cutting off utilities, removing belongings or intimidating the tenant are criminal offences, even if the tenant is at fault.
The formal notice: mandatory first step
Content
The formal notice is a registered letter with acknowledgement of receipt addressed to the tenant. It must contain:
- A precise description of the breach (unpaid rent, nuisance, damage)
- The exact amount owed (where applicable)
- A reasonable deadline to remedy the situation (generally 15 days)
- A warning that legal proceedings will be initiated in the event of default
Form
Registered post with acknowledgement of receipt is the only form that guarantees proof of sending and receipt. An email or text may supplement the registered letter but cannot replace it.
Deadline
Allow the tenant a reasonable deadline to comply (minimum 15 days). A deadline that is too short could be deemed abusive by the justice of the peace and weaken your position.
For details on managing unpaid rent before the eviction procedure, see our guide on how to protect yourself against unpaid rent.
The procedure before the justice of the peace
The summons
If the tenant does not respond to the formal notice, the landlord (via their lawyer or a bailiff) has a summons to appear served before the justice of the peace of the district where the property is located. The summons must be served by a bailiff at least 8 days before the hearing.
The hearing
On the hearing day, both parties present their arguments. The judge can:
- Attempt a conciliation (propose a repayment plan)
- Grant a period of grace to the tenant (1 to 6 months)
- Pronounce the termination of the lease and order eviction
- Postpone the hearing to complete the file
The judgment
If the judge orders eviction, the judgment specifies:
| Element | Usual content |
|---|---|
| Lease termination | Effective date |
| Evacuation deadline | 1 to 6 months depending on circumstances |
| Condemnation to arrears | Exact amount + interest |
| Costs | Charged to the losing party |
| Possible penalty | Amount per day of delay |
Procedure costs
| Item | Estimated cost |
|---|---|
| Court registry fees | 30 - 50 EUR |
| Bailiff fees (summons) | 150 - 300 EUR |
| Lawyer fees | 500 - 2,500 EUR |
| Procedural indemnity | 90 - 1,440 EUR (recoverable) |
| Total for landlord | 770 - 4,290 EUR |
The tenant has 30 days after service of the judgment to appeal before the court of first instance. The appeal is suspensive: the eviction is frozen until the appeal decision (6 to 12 additional months).
Executing the eviction
Service of judgment
After the judgment is delivered, the landlord has the judgment served on the tenant by a bailiff. The tenant then has the deadline set by the judge to vacate voluntarily.
Eviction by bailiff
If the tenant does not leave within the deadline, the bailiff proceeds with the eviction, with police assistance if necessary:
- Order to vacate: the bailiff serves a final deadline (generally 5 days)
- Actual eviction: the bailiff goes to the property with a locksmith and, if needed, the police
- Lock change: the locks are changed for the landlord
- Inventory of belongings: the tenant’s belongings are inventoried and placed in a municipal depot (generally for 6 months)
The winter truce (Brussels)
In Brussels, the ordinance of 27 April 2023 provides for a winter truce from 1 November to 15 March during which evictions are suspended. Exceptions exist for cases of public safety or serious danger.
| Region | Winter truce | Usual period of grace |
|---|---|---|
| Brussels | 1 Nov - 15 March (legal) | 1 to 6 months |
| Wallonia | No legal truce | 1 to 3 months |
| Flanders | No legal truce | 1 to 3 months |
Tenant rights facing an eviction request
Right to defence
The tenant has the right to defend themselves before the justice of the peace, alone or with a lawyer. They can contest the grounds, present their own evidence and request extensions.
Right to a period of grace
The judge can grant a period of grace to the tenant, even if the grounds for eviction are proven. This period is generally 1 to 6 months, depending on the tenant’s personal situation (health, children, search for rehousing).
Right to rehousing
The CPAS/OCMW of the municipality is informed of the eviction procedure. It must offer social support to the tenant in difficulty (help finding housing, financial assistance).
Remedies
- Appeal before the court of first instance (30 days)
- Opposition if the judgment was delivered by default (30 days)
- Request for additional time before the enforcement judge
Key points to remember
The eviction procedure in Belgium is lengthy, costly and emotionally draining for both parties. Here is the essential:
- Eviction is a last resort: always try negotiation and mediation first
- Only the justice of the peace can order an eviction
- The procedure takes 4 to 8 months at first instance, 12 to 18 months on appeal
- The total cost for the landlord varies from 1,000 to 5,000+ EUR
- The winter truce exists in Brussels (1 Nov - 15 March)
- Prevention is the best strategy: good tenant selection, rigorous payment monitoring
To avoid reaching this point, invest in prevention: rigorous tenant selection, a well-drafted lease, automated rent tracking and rapid reaction from the first late payment. A rental management tool is your best ally for detecting problems before they become court proceedings.
Frequently asked questions
-
The complete procedure, from formal notice to actual eviction, takes an average of 4 to 8 months. The steps: formal notice (15 days), summons before the justice of the peace (2-4 weeks), hearing and judgment (1-3 months), service of judgment (1-2 weeks), execution by bailiff (1-2 months). If the tenant appeals, the procedure can take 12 to 18 months.
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Brussels is the only region to have established a winter truce (from 1 November to 15 March) during which housing evictions are suspended, except in exceptional circumstances. In Wallonia and Flanders, there is no legal winter truce, but justices of the peace frequently grant additional periods of grace during winter.
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No. Changing locks, cutting off utilities or removing the tenant's belongings without a court decision constitutes trespass, punishable by criminal prosecution. Eviction can only be carried out by a bailiff based on a judgment from the justice of the peace. Any use of force by the landlord will be sanctioned and will delay the procedure.
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