The justice of the peace in rental disputes: role and procedure
The justice of the peace in tenancy matters: jurisdiction, procedure, cost, timescales and how to appear before the court for a lease dispute.
The role of the justice of the peace in rental matters
The justice of the peace is the natural court for rental disputes in Belgium. It has jurisdiction over all lease-related conflicts, regardless of the amount.
| Jurisdiction | Examples |
|---|---|
| Rent and charges | Unpaid rent, disputed charges |
| Property inventory | Disagreement on damage |
| Rental deposit | Non-release, disputed settlement |
| Repairs | Unsanitary housing, maintenance |
| End of lease | Notice, eviction |
| Hidden defects | Non-apparent defects |
The competent justice of the peace is the one in the canton where the dwelling is located. Each Belgian municipality is attached to a justice of the peace canton.
How to bring a case before the justice of the peace
By joint application (both parties agree)
Both parties sign a joint application filed at the clerk’s office. This is the fastest and least expensive route.
By unilateral application (one party only)
The claimant files a written application at the clerk’s office (free). The clerk’s office summons the other party by registered letter.
By summons (bailiff route)
A bailiff serves a summons on the defendant. This is the most formal and most expensive route (150-300 EUR).
| Route | Cost | Timeline | Suitable for |
|---|---|---|---|
| Joint application | Free | 2-4 weeks | Agreement on the procedure |
| Unilateral application | Free | 3-6 weeks | Simple disputes |
| Summons | 150-300 EUR | 3-6 weeks | Contentious disputes |
The hearing before the justice of the peace
Preparation
Gather your evidence: lease, property inventory, correspondence, photos, payment receipts. Write a chronological summary of the facts.
Proceedings
- The judge sets out the subject of the dispute
- The claimant presents their position
- The defendant responds
- The judge asks questions
- The parties file their submissions and exhibits
- The judge delivers the judgement (immediately or within 1 month)
The judgement
The judgement is enforceable (unless appealed). The losing party can appeal within 30 days before the court of first instance.
[!tip] Practical tip Be factual, chronological and precise. The justice of the peace has limited time. Prepare a numbered file of exhibits and a summary of no more than 2 pages.
Practical tips for the justice of the peace
Before bringing the matter to court, try conciliation (free) or mediation. If proceedings are unavoidable, document everything with a rental management software.
Consult the rental disputes guide and the court costs guide to assess the budget. Create clear leases to prevent disputes.