My tenant is in prison: who pays the rent
Your tenant is incarcerated in Belgium. Does the lease continue? Who pays the rent? Procedure for the landlord and rights of the detained tenant.
- 01 The situation
- 02 The lease continues
- 03 What to do
- 04 Advice
Tenant in prison: a rare but real situation
Robert owns a studio in Charleroi. His tenant has been arrested and incarcerated. The rent has not been paid for 2 months. The studio is empty but still contains the detainee’s belongings.
This is a delicate situation because the landlord cannot:
- Enter the dwelling (trespass)
- Discard the tenant’s belongings
- Consider the lease as terminated
The lease continues as if nothing happened. Incarceration is not a legal ground for termination.
The tenant’s incarceration neither suspends nor terminates the lease. The rent remains due. The landlord must follow the standard recovery procedure if they wish to terminate.
The lease continues
The rent remains due
Incarceration does not release the tenant from their contractual obligations. The rent is due each month, even if the dwelling is unoccupied. The tenant can:
- Designate an agent (family, friend) to pay on their behalf
- Use their savings or income (some inmates have work in prison)
- Request assistance from the PCSW of their municipality of residence
The dwelling remains protected
The detainee’s home remains protected:
- The landlord cannot enter without judicial authorisation
- The tenant’s belongings must be kept intact
- The rental deposit remains blocked
- The home insurance continues (if premiums are paid)
Domiciliation
The detainee remains domiciled at the dwelling’s address. The prison administration does not change the official address unless the detainee requests it.
What to do as the landlord
If the rent is no longer paid
Follow the standard arrears procedure:
- Contact the tenant’s family (details in the lease or via neighbours)
- Send a formal notice by registered letter to the dwelling address AND to the correctional facility
- If no response within 30 days: refer to the justice of the peace for lease termination (arrears)
- Obtain the ruling for termination + authorisation to repossess
- Have it enforced by bailiff (report, inventory of belongings, repossession)
Timelines
| Step | Timeline |
|---|---|
| Formal notice | 15-30 days |
| Justice of the peace application | 2-4 weeks |
| Ruling | 2-4 weeks |
| Grace period (if any) | 1-3 months |
| Enforcement by bailiff | 2-4 weeks |
| Total | 3 to 6 months |
The detainee’s belongings
After the ruling, the tenant’s belongings must be:
- Inventoried by the bailiff
- Stored in a secure location (costs borne by the tenant)
- Kept for a reasonable period (6 months to 1 year)
- Returned to the tenant or their agent upon request
The landlord can never discard the belongings without a court decision.
Advice
For the landlord
- Act quickly: the longer you wait, the more the debt accumulates
- Send letters to the prison AND the dwelling (double notification)
- Do not change the locks without a court ruling
- Document everything: letters, arrears, dates, contact attempts
For the detainee’s family
- Inform the landlord of the situation as soon as possible
- Negotiate a payment plan if the detainee has resources
- Consider termination if the incarceration will be lengthy (to avoid debt accumulation)
- The PCSW can help maintain the dwelling in certain cases
A rental management software tracks arrears and generates reminders automatically. To create a new lease after repossession, use our online lease generator. For other situations, see our case studies.