Tenant's abandonment of property: what to do in Belgium
What to do when a tenant abandons their dwelling in Belgium? Legal procedure, report, recovery of the property, and fate of the rental deposit.
What is dwelling abandonment
Dwelling abandonment occurs when a tenant leaves the property without giving notice or informing the landlord. This situation creates a legal problem because the lease remains in force until terminated.
Signs of abandonment
Several indicators help identify abandonment:
| Indicator | Evidentiary value |
|---|---|
| Unpaid rent for 2+ months | Strong |
| Full letterbox | Medium |
| Meters at zero | Strong |
| Neighbours confirming absence | Supplementary |
| Furniture removed | Strong |
The landlord cannot take the law into their own hands. Belgian law requires a judicial procedure even in case of obvious abandonment.
Legal procedure to follow
Step 1: formal notice
Send a registered letter to the tenant’s last known address. Allow a reasonable deadline of 15 days for them to respond.
Step 2: bailiff report
If the tenant does not respond, have a report of abandonment drawn up by a bailiff. This official document lists the condition of the dwelling, belongings left behind and signs of abandonment.
Step 3: petition to the justice of the peace
File a petition with the competent justice of the peace to obtain lease termination and authorisation to recover the property. The judge generally rules within 2 to 4 weeks.
Step 4: enforcement of the judgment
Once the judgment is rendered, you can take back possession of the dwelling. If belongings remain, the judge sets a retention period (generally 1 month).
The bailiff report
The bailiff report is the centrepiece of the case. It costs between 150 and 350 EUR depending on complexity.
Contents of the report
- Precise description of the dwelling’s condition
- Inventory of belongings left behind
- Meter readings
- Dated photos
- Neighbour testimonies (optional)
This document will be submitted to the justice of the peace. It is more valuable than photos taken by the landlord, which have lesser evidentiary weight.
To protect your property, consider carrying out a full property inventory at each tenant changeover.
Recovering the property and the rental deposit
Unpaid rent
The lease termination judgment generally orders the tenant to pay rent owed until the date of termination. In practice, recovery depends on the tenant’s solvency.
The rental deposit
The rental deposit held in bank can be released to the landlord upon presentation of the judgment. It covers unpaid rent first, then any damage.
Re-letting
After recovering the property, have an exit property inventory drawn up (even without the tenant) and carry out the necessary repairs before re-letting. To manage the transition efficiently, use our online lease creation tool and see our guide on rental management.
Frequently asked questions
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You must gather converging evidence: prolonged absence, overflowing letterbox, inactive meters, unpaid rent. A bailiff's report strengthens the evidence.
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No. Even in case of obvious abandonment, the landlord must obtain a decision from the justice of the peace before clearing the dwelling and repossessing the premises.
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The deposit remains blocked. The landlord must obtain the tenant's agreement or a court decision to release it and cover unpaid rent and damage.