In Belgium

Judicial termination (resiliation judiciaire / gerechtelijke ontbinding) is the process by which a court dissolves a lease agreement due to serious breaches by one of the parties. Under Belgian law, neither the landlord nor the tenant can unilaterally terminate a lease for fault — only the justice of the peace has this authority.

Legal basis. Article 1184 of the former Civil Code (now Book 5 of the new Civil Code) establishes the right to request judicial termination of any reciprocal contract. Regional housing codes in Brussels, Wallonia and Flanders supplement this with specific rental provisions.

How it works

Step 1: Formal notice. The injured party must send a formal notice to the breaching party, usually by registered letter, describing the breach and allowing a reasonable period to remedy it.

Step 2: Filing. If the breach persists, the injured party files a request with the justice of the peace of the district where the property is located.

Step 3: Hearing and judgment. The judge assesses the seriousness of the breaches. Minor or isolated issues rarely justify termination. The judge may grant a grace period before pronouncing termination.

Grounds for the landlord: persistent rent arrears, serious property damage, illegal use of the premises, repeated nuisance.

Grounds for the tenant: failure to carry out essential repairs, disturbance of enjoyment, insalubrity.

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Good to know
The judge can award damages in addition to terminating the lease. For a landlord, this typically covers lost rent for the remaining lease period. For a tenant, it may cover relocation costs and rent differential.

Practical example

A tenant in Brussels has not paid rent for 5 months (total arrears: 4,500 EUR). The landlord sends a formal notice, waits 15 days, then files with the justice of the peace. At the hearing, the judge grants the tenant 1 month to pay. The tenant fails to pay. The judge pronounces judicial termination, orders eviction within 1 month, and awards the landlord 3 months’ rent as compensation. Total procedure duration: approximately 4 months.