Follow a graduated approach

Quick answer

Chase late rent payments gradually: 1) friendly reminder (SMS/email), 2) formal notice by registered letter, 3) payment plan proposal, 4) justice of the peace (conciliation then legal action). Never take matters into your own hands — self-help is a criminal offence.

The key principles when chasing late rent:

  • Document everything: keep copies of all reminders, letters, and responses
  • Stay professional: avoid emotional language and threats
  • Follow the graduated approach: judges view it favourably
  • Never resort to self-help: changing locks, cutting utilities, or harassing the tenant is illegal (article 442/1 Criminal Code)
  • Consider the tenant’s situation: a temporary payment plan can avoid costly proceedings

The formal notice

The formal notice (mise en demeure) is a critical step:

  1. Send by registered letter with acknowledgment of receipt
  2. Clearly state the amount due and the period concerned
  3. Set a payment deadline (typically 15 days)
  4. Mention the consequences if payment is not made (court proceedings, lease termination)
  5. Keep a copy and the sending receipt

This letter creates a legally dated record that the tenant was informed and given a reasonable opportunity to pay. Without it, your case before the justice of the peace is significantly weakened.

Payment plan option

If the tenant is experiencing temporary difficulty, a written payment plan can be more effective than going to court. Include the plan in a signed addendum to the lease — this makes it enforceable.

If the formal notice goes unanswered:

  1. Request free conciliation: the clerk summons both parties. If an agreement is reached, it has the force of a judgment
  2. File a claim: if conciliation fails, request lease termination and payment of arrears
  3. Obtain a judgment: the judge can order payment of arrears, terminate the lease, and order eviction
  4. Enforce the judgment: via a bailiff if the tenant does not comply

Average timeframe: 2 to 4 months from conciliation request to judgment. Add 1-2 months for enforcement if needed.

Regional specifics

Brussels-Capital Region

The Ordinance of 27 July 2017 requires the CPAS to be informed in eviction proceedings related to unpaid rent. The winter truce may delay execution of eviction judgments during winter.

Wallonia

The Decree of 15 March 2018 applies the same framework. CPAS notification is also mandatory. The winter truce applies.

Flanders

The Flemish Housing Rental Decree of 9 November 2018 applies. OCMW notification is required. No winter truce applies in Flanders.

Legal basis

Civil Code, articles 1728 and 1728bis (rent payment obligation). Judicial Code, article 591 (justice of the peace competence). Criminal Code, article 442/1 (prohibition of self-help).

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