What to do when a tenant refuses indexed rent

Quick answer

First verify your request is legally compliant (written, correct calculation, valid EPC). Then send a formal notice by registered mail. If the tenant still refuses, file a complaint with the Justice of the Peace (juge de paix) to obtain payment of arrears with interest.

The procedure follows a logical escalation:

  1. Self-check: verify your indexation calculation and compliance
  2. Dialogue: contact the tenant to understand their objection
  3. Formal notice: registered letter with detailed calculation
  4. Mediation: optional but recommended before court
  5. Court: Justice of the Peace for arrears recovery

Formal notice procedure

The formal notice (mise en demeure) by registered mail should include:

  • Reference to the lease (date, property address)
  • The complete indexation calculation (base rent, indices, formula, result)
  • Reference to Article 1728bis of the Civil Code
  • A deadline for payment (typically 15 days)
  • A statement that legal proceedings will follow if payment is not made

Keep a copy of the letter and the registered mail receipt as evidence.

Practical tip

Before escalating, verify that your calculation is correct by using our indexation calculator. A calculation error discovered during court proceedings would be embarrassing and costly.

Court proceedings before the Justice of the Peace

If the formal notice does not resolve the dispute:

  • File a claim with the Justice of the Peace of the canton where the property is located
  • Court costs: typically 50-200 EUR in filing fees
  • Timeline: hearings usually within 1-3 months
  • Possible outcomes: payment order with interest, or dismissal if the indexation was incorrect
  • Interest: legal interest applies from the date of the formal notice

The court procedure is relatively simple and does not require a lawyer, though legal advice is recommended for complex cases.

Regional specifics

Brussels-Capital Region

Under the Ordinance of 27 July 2017, the tenant may have valid grounds for refusal based on EPC restrictions. Verify EPC compliance before proceeding.

Wallonia

The Decree of 15 March 2018 provides similar EPC-based defences. The Justice of the Peace in Wallonia handles proceedings in French.

Flanders

The Flemish Housing Rental Decree of 9 November 2018 may give the tenant EPC-based defences. Proceedings are in Dutch before the Flemish vrederechter.

Legal basis

Article 1728bis of the Belgian Civil Code (indexation right). Judicial Code, articles 590-591 (jurisdiction of the Justice of the Peace for rental disputes).

Read also