The eviction procedure in Belgium
Evicting a tenant is exclusively judicial in Belgium. The landlord can never change the locks, cut off utilities, or force the tenant to leave. Any de facto eviction is a criminal offence punishable by sanctions (article 442/1 of the Criminal Code).
The mandatory steps in the procedure:
- Formal notice: send a registered letter to the tenant asking them to remedy the situation (payment, behaviour)
- Filing with the justice of the peace: submit a written request to the justice of the peace of the location of the property
- Hearing and judgment: the judge hears both parties and delivers a decision
- Service of the judgment: a bailiff notifies the tenant of the decision
- Execution period: the tenant has at least one month to vacate the premises
- Forced eviction: if the tenant does not leave, the bailiff proceeds with eviction, with police assistance if necessary
Timeframes and costs of the procedure
The eviction procedure generally takes between 3 and 6 months from filing the request to actual execution:
| Step | Indicative timeframe | Approximate cost |
|---|---|---|
| Formal notice | 15 days (reasonable deadline) | 10-15 EUR (registered letter) |
| Filing with the justice of the peace | 2 to 6 weeks before hearing | 50 EUR (court fee) |
| Judgment | On the hearing day | --- |
| Service of judgment | 1 to 2 weeks | 150-300 EUR (bailiff) |
| Execution period | 1 month minimum | --- |
| Forced eviction | Variable | 500-1500 EUR (bailiff + removal) |
Before the justice of the peace, you can appear without a lawyer. The justice of the peace is competent for all rental disputes, regardless of the amount involved.
Valid grounds for eviction
The justice of the peace may order eviction on the following grounds:
- Non-payment of rent: the most common ground — arrears of 2 to 3 months are generally sufficient
- Disturbance of enjoyment: serious and repeated nuisances caused to neighbours
- Property damage: significant deterioration of the property by the tenant
- Non-compliant use: use of the property contrary to its intended purpose (commercial activity in a residential property)
- End of lease: refusal to vacate after the regular expiry of the lease
Never attempt a de facto eviction: changing locks, cutting off water or electricity, intimidation. These acts constitute a criminal offence (article 442/1 of the Criminal Code) and expose you to prosecution and damages.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 requires the CPAS to be informed of any eviction procedure so it can offer social support to the tenant. The winter truce applies in Brussels.
Wallonia
The Decree of 15 March 2018 also requires the CPAS to be informed. The Walloon judge may grant additional time to tenants in precarious situations.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 provides a similar mechanism for informing the OCMW. Flanders does not apply a legal winter truce.
Article 1762bis of the Civil Code (prohibition of express termination clauses). Judicial Code, articles 1344bis and following (eviction procedure).