The winter truce: evictions suspended in two regions
In Brussels and Wallonia, evictions are suspended from 1 November to 15 March (winter truce). In Flanders, there is no legal winter truce — evictions can be carried out year-round. The truce only blocks execution; court proceedings can still be initiated during winter in all regions.
The winter truce is a social protection measure designed to prevent vulnerable tenants from being put on the street during the coldest months. It does not cancel eviction judgments — it merely postpones their execution until after 15 March.
Key points:
- Landlords can still file eviction claims during winter
- Judges can still issue eviction judgments during winter
- Only the physical execution of the eviction by a bailiff is postponed
- The tenant remains obligated to pay rent during the truce period
Practical implications
| Action | During winter truce (BXL/WAL) | In Flanders |
|---|---|---|
| Filing an eviction claim | Allowed | Allowed |
| Court hearing | Allowed | Allowed |
| Eviction judgment | Allowed | Allowed |
| Execution by bailiff | Suspended | Allowed |
| Rent payment obligation | Maintained | Maintained |
For landlords in Brussels and Wallonia, the strategic approach is to initiate proceedings before winter so that the judgment is ready for execution as soon as the truce ends on 16 March.
If you anticipate an eviction, start the procedure by September at the latest. This allows time for conciliation, hearing, and judgment before the winter truce begins on 1 November. The eviction can then be executed promptly on 16 March.
Exceptions to the winter truce
The winter truce is not absolute. Exceptions may apply in the following cases:
- Uninhabitable property: if the property is declared uninhabitable by the authorities, the tenant must leave regardless of the season
- Danger to safety: if the tenant’s continued occupation poses a safety risk (fire hazard, structural collapse)
- Squatters: the truce does not protect persons occupying a property without any legal title
- Voluntary departure: if the tenant agrees to leave during winter, no restriction applies
The judge decides on a case-by-case basis whether an exception applies. The CPAS is always informed to provide rehousing assistance.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 established the winter truce from 1 November to 15 March. The CPAS must be informed of any eviction to offer social support and alternative housing. The truce applies to all residential leases.
Wallonia
The Decree of 15 March 2018 provides the same winter truce period (1 November to 15 March). The CPAS notification is also mandatory. Walloon municipalities may offer additional social housing support.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 does not include a winter truce. Evictions can be executed at any time of year. The OCMW is still informed in eviction cases, but there is no suspension of execution.
Brussels Ordinance of 27 July 2017 (winter truce). Walloon Decree of 15 March 2018 (winter truce). Judicial Code, articles 1344bis et seq. (eviction procedure).