Rental dispute procedure: simplified guide for Belgium
Simplified rental dispute procedure: when, how and at what cost to refer to the justice of the peace in Belgium. Decision flowchart included.
When to go to court for a rental dispute
Court proceedings are the last resort, after amicable attempts have failed:
| Situation | Recommended route |
|---|---|
| Unpaid rent (1-2 months) | Formal notice + conciliation |
| Unpaid rent (3+ months) | Court proceedings |
| Repairs refused | Formal notice + proceedings if urgent |
| Rental deposit not released | Conciliation then proceedings |
| Serious unsanitary housing | Urgent proceedings |
| Hidden defects | Proceedings (expertise likely) |
The cost of a trial (court costs) must be proportional to the stakes. For a 500 EUR dispute, court is not the best option.
How to proceed
Application to the clerk’s office (most common)
- Draft an application describing the dispute and your requests
- File it at the clerk’s office of the justice of the peace in the canton of the dwelling
- The clerk’s office summons the parties
- Hearing within 3-6 weeks
Summons by bailiff
More formal and more expensive (150-300 EUR), the summons is served by a bailiff at the defendant’s home. It sets the hearing date.
Documents to prepare
Decision guide
| Dispute stakes | Recommendation |
|---|---|
| Less than 500 EUR | Conciliation (free) |
| 500 - 2,500 EUR | Conciliation then application without lawyer |
| 2,500 - 5,000 EUR | Application + lawyer recommended |
| More than 5,000 EUR | Summons + lawyer |
| Emergency (unsanitary housing, danger) | Summary proceedings (urgent) |
[!tip] Practical tip The application to the clerk’s office is free and the procedure before the justice of the peace is accessible without a lawyer. Do not let cost deter you from acting on important disputes.
Preparing properly for the procedure
A well-prepared file is half won. Gather your evidence, draft a chronological summary of the facts and assess the cost-to-stakes ratio.
Consult the rental disputes guide for all options. Document everything with a rental management software and create clear leases to prevent conflicts.