In Belgium

The landlord’s privilege (privilege du bailleur / voorrecht van de verhuurder) is a preferential right granted to the landlord over the tenant’s movable property located in the rented premises. It guarantees that, in case of debt recovery, the landlord is paid before most other unsecured creditors.

Legal basis. Article 20, 1° of the Mortgage Act (Hypotheekwet / Loi hypothecaire) establishes the landlord’s privilege. It is one of the oldest and most significant privileges in Belgian law.

Scope. The privilege covers:

  • All furniture and movable assets brought into the premises by the tenant
  • Assets belonging to third parties placed in the premises with the tenant’s knowledge (with exceptions)
  • Rent and charges for the current lease year and the previous year

How it works

Automatic right. The privilege arises by operation of law — no registration or contractual clause is required. As soon as the lease begins and furniture is placed in the premises, the landlord has a preferential claim.

Exercise. To exercise the privilege, the landlord must obtain an enforceable title (typically a judgment) and instruct a bailiff to carry out an enforcement seizure.

Protection against removal. The landlord can oppose the tenant removing furniture from the premises if rent is unpaid. A conservatory seizure can be obtained urgently from the attachment judge.

Limitations. The privilege does not cover assets that are clearly the property of third parties (e.g. leased equipment with visible markings) or items that are unseizable under law.

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Good to know
If the tenant tries to move furniture out of the premises while rent is overdue, the landlord can request an urgent conservatory seizure from the attachment judge — even without a prior judgment. This prevents the tenant from emptying the apartment before the landlord can enforce their claim.

Practical example

A tenant owes 8 months’ rent (7,200 EUR) and announces they are moving out. The landlord files for a conservatory seizure. The attachment judge grants it within 48 hours. The bailiff inventories the furniture (valued at 4,500 EUR). The tenant cannot remove any listed items. After the landlord obtains a judgment, the furniture is sold at auction, recovering 2,200 EUR. The remaining debt is pursued via wage attachment.