The tenant moved out without notice: what to do
Your tenant left the property without giving notice in Belgium. Procedure to follow, landlord's rights, abandonment of dwelling and recovery of arrears.
Departure without notice: Isabelle’s situation
Isabelle owns a studio in Mons. Her tenant has not responded for 3 weeks. The letterbox is overflowing, the shutters are closed, and the last two months’ rent is unpaid.
After investigation, Isabelle learns from the neighbours that the tenant moved out without notice approximately one month ago. The dwelling still contains furniture and personal belongings.
This is a common case in Belgium. The landlord is left with an inaccessible dwelling, arrears and belongings to deal with.
Even if the dwelling appears abandoned, the landlord must never enter without a prior report. The tenant retains their rights to the dwelling as long as the lease has not been terminated. Entering without authorisation = trespass (article 439 of the Criminal Code).
Procedure to follow
Step 1: Attempt contact (week 1)
- Call the tenant (phone, SMS)
- Send an email
- Registered letter to the dwelling address AND any other known address
- Contact the emergency contacts listed in the lease
Step 2: Have the abandonment recorded (week 2-3)
If the tenant does not respond, have the abandonment recorded:
- Bailiff report: the bailiff records the state of the dwelling (letterbox, shutters, absence of signs of life). Cost: 150-250 EUR.
- Or report to local police: the police can verify whether the dwelling is abandoned.
Step 3: Refer to the justice of the peace (week 3-4)
File an application for:
- Lease termination for serious breach (departure without notice + arrears)
- Authorisation to repossess the dwelling
- Order for payment of arrears + compensation for missed notice period
The procedure is fast (2-4 weeks in urgent cases). The judge can authorise repossession even in the tenant’s absence.
Step 4: Repossess the dwelling
After the court decision:
- Carry out a move-out property inventory with a bailiff
- Inventory the belongings left by the tenant
- Store the belongings in a secure location
- Restore the dwelling for re-letting
Recovering arrears
What the landlord can claim
| Item | Amount |
|---|---|
| Rent arrears | Unpaid rent |
| Notice period indemnity | 3 months’ rent (or 2 in Brussels) |
| Termination indemnity | 1-3 months depending on length of tenancy |
| Bailiff report costs | 150-250 EUR |
| Restoration costs | According to damage |
| Belongings storage costs | Variable |
The rental deposit
The rental deposit (2-3 months) is the first source of recovery. The landlord can request its release before the justice of the peace if the tenant does not come forward.
If the deposit is not enough
The landlord obtains a court ruling that can be enforced by bailiff (attachment of income, attachment of movable assets). In practice, if the tenant is insolvent, recovery is difficult.
Preventing this situation
In the lease
- Require a rental deposit of 2-3 months (financial protection)
- Include the details of an emergency contact (parent, friend)
- Provide for a periodic visit clause
- Insert a termination clause for serious breach
During the lease
- React from the first missed payment: do not let the debt accumulate
- Maintain contact: a tenant who communicates generally does not disappear
- Watch for warning signs: uncollected mail, closed shutters, neighbour complaints
- Use a rental management software that detects arrears and sends automatic reminders
To create a lease with the appropriate protections, use our online lease generator. For other situations, see our case studies.