Eviction by bailiff in Belgium: role and procedure

The role of the bailiff in the eviction procedure

In Belgium, only a bailiff may carry out the physical eviction of a tenant. The landlord may never evict a tenant on their own initiative, even if they hold a court judgment. It is a legal monopoly of the bailiff.

The bailiff intervenes at several stages of the eviction procedure:

1. Service of the summons to appear before the Justice of the Peace
2. Service of the judgment of eviction to the tenant
3. Order to vacate the premises within a set timeframe
4. Execution of the eviction if the tenant does not leave voluntarily

The bailiff acts as a ministerial officer: they are impartial and must respect the rights of both parties.

How the eviction concretely proceeds

The order to vacate

After service of the judgment and expiry of the appeal period (1 month), the bailiff issues an order to vacate setting a deadline for evacuation. This period is generally 8 days but may be longer if the judge granted a grace period.

The day of the eviction

If the tenant has not left the property by the set date:

1. The bailiff arrives at the property with a locksmith and, if necessary, the local police
2. They draw up a detailed inventory of all belongings present in the property
3. The belongings are removed and placed in storage (warehouse, furniture storage)
4. The locks are changed
5. The keys are handed over to the landlord

Intervention hours

The bailiff may only intervene between 6 a.m. and 9 p.m., Monday to Saturday. Sundays and public holidays are excluded, unless the judge grants special authorisation.

Costs of the bailiff procedure

Bailiff costs are advanced by the landlord but remain payable by the convicted tenant. In practice, recovery is often difficult if the tenant is insolvent.

These amounts are indicative and vary according to the complexity of the eviction (size of the property, volume of belongings, tenant’s resistance).

The fate of the tenant’s belongings

The inventory

The bailiff draws up a precise inventory of all belongings present in the property. This inventory protects the tenant against disappearance of their belongings and the landlord against potential claims.

Storage

The belongings are placed in furniture storage at the tenant’s expense. The tenant has a period to recover them (generally 6 months). After this period, the belongings may be sold at auction or destroyed.

Non-seizable belongings

Certain belongings may not be seized or withheld:

• Essential clothing and personal items
• Indispensable work tools
• Items necessary for children’s education
• Food and fuel for one month

Practical advice

For the landlord

1. Choose a bailiff practising in the canton of the property
2. Budget the costs in advance — anticipate EUR 1,500 to 2,500
3. Coordinate with the bailiff to set a date compatible with the winter moratorium
4. Keep all documents for recoverable costs

For the tenant

1. Collect your belongings before the eviction date to avoid storage costs
2. Contact the PCSW of your municipality for rehousing assistance
3. Do not physically oppose the bailiff — this constitutes a criminal offence

To anticipate arrears and avoid reaching the point of eviction, a rental management software alerts you from the first late payment. Also see our guide on eviction timeframes and the full procedure.