Definition: what is the winter truce?
The winter truce suspends the execution of tenant evictions from 1 November to 15 March in Brussels and Wallonia. Court proceedings can still be initiated and judgments rendered during this period — only the physical eviction by a bailiff is postponed. Flanders has no legal winter truce.
The winter truce is a social protection measure introduced to prevent the most vulnerable tenants from being evicted during the coldest months of the year. It does not erase debts or cancel judgments — it merely delays the physical removal of the tenant from the property.
Key principles:
- The truce applies only to residential leases (not commercial leases)
- It covers the period from 1 November to 15 March inclusive
- Rent remains due throughout the truce period
- The landlord can still take legal action during winter
- The eviction is automatically executable once the truce ends on 16 March
What the winter truce changes in practice
| For the landlord | For the tenant |
|---|---|
| Cannot execute an eviction judgment | Cannot be physically removed from the property |
| Can still file a claim, attend hearings | Must still pay rent during the truce |
| Can obtain a judgment during winter | Is not protected from the judgment itself |
| Must wait until 16 March for execution | Must prepare to vacate by 16 March |
The winter truce does not prevent:
- The accumulation of rent arrears and late payment penalties
- The landlord from obtaining multiple judgments during winter
- Damages awarded to the landlord for the delay
- Judicial proceedings of any kind
If you anticipate needing to evict a tenant, initiate proceedings before October. This way, you can obtain a judgment before the truce begins and execute it immediately on 16 March, minimising the total delay.
Exceptions and scope
The winter truce has limited exceptions:
- Uninhabitable property: if authorities declare the property uninhabitable, the tenant must leave for safety reasons
- Danger: immediate risk to the tenant or others (fire hazard, structural collapse)
- Squatters: persons without any legal title are not protected by the truce
- Voluntary departure: the truce does not prevent the tenant from leaving voluntarily
The truce also does not apply to:
- Commercial leases (only residential leases are covered)
- Student housing (generally not covered, depending on regional interpretation)
- Second homes (only the tenant’s primary residence is protected)
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 every eviction to provide social support and rehousing assistance. The truce applies to all primary residence leases in the 19 Brussels municipalities.
Wallonia
The Decree of 15 March 2018 provides the same winter truce (1 November to 15 March). The CPAS notification is mandatory. Some Walloon municipalities offer additional support through emergency shelters.
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 must still be informed, but there is no suspension of execution during winter.
Brussels Ordinance of 27 July 2017 (article on winter truce). Walloon Decree of 15 March 2018 (article on winter truce). Judicial Code, articles 1344bis et seq.