Follow the proper legal procedure
In case of unpaid rent: 1) friendly reminder (SMS/email), 2) formal notice by registered letter with 15-day deadline, 3) free conciliation at the justice of the peace, 4) legal proceedings if conciliation fails. Never resort to self-help — it is a criminal offence. Total timeframe: 3 to 6 months.
Unpaid rent is the most common rental dispute in Belgium. The landlord must follow a strict graduated procedure. Taking matters into your own hands (changing locks, cutting water or electricity, removing belongings) is a criminal offence under article 442/1 of the Criminal Code, regardless of how many months of rent are owed.
The formal notice
The formal notice is the most important step. It must:
- Be sent by registered letter with acknowledgment of receipt
- State the exact amount owed (rent + charges) and the periods concerned
- Set a payment deadline (15 days is standard)
- Warn of consequences: court proceedings, lease termination, eviction
- Be kept as evidence (copy + sending receipt)
Without a formal notice, the justice of the peace may consider that the tenant was not properly warned and reject or delay your claim.
Before going to court, consider proposing a written payment plan. A signed addendum to the lease setting out the repayment schedule is enforceable and avoids costly proceedings. Many judges prefer to see that the landlord attempted an amicable solution first.
Court proceedings
If the formal notice and any payment plan fail:
| Step | Timeframe | Cost |
|---|---|---|
| Conciliation request | 2-4 weeks | Free |
| Filing a claim (if conciliation fails) | 4-8 weeks to hearing | 50 EUR (court fee) |
| Judgment | 1-4 weeks after hearing | --- |
| Enforcement | 1-2 months | 150-500 EUR (bailiff) |
| Total | 3 to 6 months | 200-550 EUR |
The judge can order:
- Payment of arrears plus interest
- Lease termination at the tenant’s fault
- Eviction (with the CPAS informed for social support)
- Procedural compensation paid by the tenant
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 requires CPAS notification in eviction proceedings. The winter truce (1 November to 15 March) may delay execution. Brussels judges may grant payment plans to tenants in difficulty.
Wallonia
The Decree of 15 March 2018 applies the same framework. CPAS notification mandatory. Winter truce applies. Walloon judges may grant grace periods.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 applies. OCMW notification required. No winter truce in Flanders — evictions can proceed year-round.
Civil Code, articles 1728-1728bis (rent payment obligation). Judicial Code, article 591 (justice of the peace competence). Criminal Code, article 442/1 (prohibition of self-help).