FAQ — Disputes & eviction

Justice of the peace, mediation, eviction procedure, deadlines — all answers about rental disputes and eviction in Belgium.

13 questions
  • The full procedure generally takes 3 to 6 months: formal demand, summons to the justice of the peace, judgment, enforcement period. The tenant often receives an additional one-month grace period.

  • A neutral mediator helps the parties reach an agreement. Mediation is voluntary, confidential and often free through regional services. It avoids the costs and delays of legal proceedings.

  • By written request (free) or by summons via a bailiff (paid but faster). The justice of the peace for the canton where the property is located has jurisdiction. The hearing takes place within 2-4 weeks.

  • There is no legal winter truce in Belgium (unlike France). However, the justice of the peace may grant additional time for humanitarian reasons.

  • Yes, the conciliation attempt before the justice of the peace is free and voluntary. If the parties reach an agreement, it is recorded in official minutes that have enforceable force.

  • 1. Amicable contact. 2. Formal demand by registered letter. 3. Free conciliation at the justice of the peace. 4. Summons if conciliation fails. 5. Judgment ordering payment and possibly lease termination.

  • Yes, with the judge's authorisation and police presence if necessary. The bailiff must first serve the judgment and allow an enforcement period (generally 1 month).

  • Yes, the legal aid bureau (BAJ) provides a free or partially free lawyer depending on income. Tenant unions also offer free consultations.

  • The bailiff inventories the belongings and stores them at the tenant's expense. If the tenant does not collect them within the set deadline, they may be sold or destroyed.

  • The judge generally orders the losing party to pay the costs (bailiff fees, procedural indemnity). Lawyer fees are only partially recoverable through the procedural indemnity.

  • Yes. In Brussels: the Housing Mediation Service. In Wallonia: CPAS mediation services. In Flanders: the Huurdersbond. These services are generally free.

  • Yes, but the justice of the peace may grant longer deadlines and the CPAS must be informed. Social services intervene to help rehouse the family.

  • Rent claims are time-barred after 5 years. Beyond that period, the landlord can no longer claim unpaid rent, even with a judgment.

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