In Belgium

Rent arrears are the most common rental dispute. The landlord has several recovery options, but the procedure is regulated: they cannot cut water or electricity, change locks or evict the tenant on their own. Only the justice of the peace can order an eviction.

How it works

  1. Friendly reminder: letter or email signalling the late payment
  2. Formal notice: registered letter setting a payment deadline (usually 15 days)
  3. Conciliation: free attempt at amicable resolution before the justice of the peace
  4. Legal action: summons for payment and/or lease termination
  5. Enforcement: if the tenant does not comply, seizure or eviction
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Good to know
Conciliation before the justice of the peace is free and can be requested by simple petition. It is often the fastest way to resolve an arrears situation without lawyer fees.

Practical example

Patrick rents in Charleroi for 650 EUR/month. His tenant Thomas has not paid for 2 months (arrears: 1,300 EUR). Patrick sends a reminder, then a formal notice with 15 days’ deadline. Without response, Patrick files a conciliation request. An instalment plan is agreed: Thomas pays 200 EUR extra per month for 7 months.

Key considerations

Limitation. The limitation period for rent arrears is 5 years from the due date.

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Warning
The landlord can never take justice into their own hands: cutting services, changing locks or removing the tenant’s furniture are illegal acts, even in case of serious arrears. Only the justice of the peace can order an eviction.