Filing a claim with the justice of the peace
The justice of the peace is the only competent court for rental disputes in Belgium. You can file a claim by written request (free of charge apart from a 50 EUR court fee) or by bailiff summons. No lawyer is required. Free conciliation is available and recommended as a first step.
The justice of the peace has exclusive jurisdiction over all rental disputes, regardless of the amount at stake. This includes: unpaid rent, deposit disputes, eviction, repairs, lease termination, and habitability issues.
Two ways to bring a case:
- Written request (requete): a simple letter filed at the clerk’s office — the cheapest option
- Bailiff summons (citation): served by a bailiff to the other party — faster but more expensive (150-300 EUR)
Before any contentious procedure, you can request free conciliation: the clerk summons both parties to attempt an amicable resolution. If an agreement is reached, it is recorded in an official report with the same force as a judgment.
Practical steps
- Identify the competent justice of the peace: it is the one in the canton where the rented property is located (not where you live)
- Prepare your file: gather your lease, registered letters, proof of payments, photographs, and any relevant evidence
- Request conciliation (recommended): write to the clerk asking for a conciliation hearing — the other party will be summoned
- File a written request if conciliation fails: describe the dispute, your claims, and attach supporting documents
- Attend the hearing: present your case in person or through a lawyer (optional)
- Receive the judgment: usually delivered within 1 to 4 weeks after the hearing
Organise all your rental documents in advance using a digital document space. A well-structured file significantly increases your chances of a favourable outcome.
Costs and timeframes
| Element | Cost | Timeframe |
|---|---|---|
| Conciliation | Free | 2 to 4 weeks |
| Written request | 50 EUR (court fee) | 4 to 8 weeks to hearing |
| Bailiff summons | 150-300 EUR | 2 to 4 weeks to hearing |
| Lawyer (optional) | 500-2000 EUR | --- |
| Judgment | --- | 1 to 4 weeks after hearing |
The total procedure (from conciliation to judgment) typically takes 2 to 4 months. If an appeal is filed, add an additional 6 to 12 months before the tribunal of first instance.
The losing party is generally ordered to pay procedural compensation (indemnite de procedure) to the winning party: between 240 and 1440 EUR depending on the amount at stake.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 provides additional obligations for the landlord to inform the CPAS in eviction proceedings. Brussels justices of the peace are generally busier, leading to slightly longer timeframes.
Wallonia
The Decree of 15 March 2018 applies the same judicial framework. Walloon justices of the peace may grant additional time to tenants in social difficulty.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 requires the OCMW to be informed in eviction cases. Proceedings in Flanders are conducted in Dutch.
Judicial Code, articles 591 (competence of the justice of the peace), 731 et seq. (conciliation), 1344bis et seq. (eviction procedure).