Rental proceedings in Belgium: step by step
Court proceedings in a rental dispute in Belgium, step by step: summons, hearing, judgment, enforcement and appeal.
- 01 The steps
- 02 The hearing
- 03 The judgement
- 04 Advice
The steps of the rental procedure
| Step | Timeline | Cost |
|---|---|---|
| 1. Formal notice | 15-30 days | 5-10 EUR |
| 2. Conciliation (optional) | 2-4 weeks | Free |
| 3. Summons by bailiff or application | 1-2 weeks | 0-300 EUR |
| 4. Court registration | 2-4 weeks | 50-170 EUR |
| 5. Exchange of written submissions | 1-3 months | Variable |
| 6. Hearing | 1 day | - |
| 7. Judgement | 1-4 weeks after hearing | - |
| 8. Execution | 1-3 months | Variable |
The procedure begins with the case being brought before the justice of the peace of the canton where the dwelling is located.
The hearing before the justice of the peace
Preparation
Draft written submissions (summary of your legal position) and gather your evidence in a numbered file of exhibits.
Typical proceedings
- Introduction: the judge recalls the subject of the dispute
- Claimant: presents their position (10-15 minutes)
- Defendant: responds (10-15 minutes)
- Judge’s questions: clarifications
- Reply: each party can respond briefly
- Deliberation: the judge sets the date for the judgement
Provisional measures
The court can order urgent measures before the final judgement: rent escrow, urgent repairs, expertise.
The judgement and its execution
The judgement
The judge delivers the judgement within 1 to 4 weeks. They can order:
- Payment of rent arrears + interest
- Repairs under penalty payment
- Release of the rental deposit
- Lease termination + eviction
- Payment of damages
- Payment of court costs
Execution
If the losing party does not comply voluntarily, a bailiff can carry out forced execution.
Appeal
An appeal is possible within 30 days. It is brought before the court of first instance. The judgement remains enforceable unless the appeal court decides otherwise.
[!important] Legal point A default judgement (if the defendant does not appear) is enforceable but can be opposed within one month of service.
Advice for the procedure
Always prioritise amicable resolution. If proceedings are unavoidable, be factual, organised and punctual. Document everything with a rental management software.
Consult the rental disputes guide and create precise leases to prevent disputes.