Tenant eviction procedure in Belgium: complete guide

Legal grounds for eviction in Belgium

In Belgium, the landlord cannot evict a tenant on a mere whim. The law requires a legitimate ground and a judicial procedure. The main grounds for eviction are:

Unpaid rent

This is the most common ground. Non-payment of rent constitutes a serious breach of the tenant’s obligations. In general, justices of the peace consider that from 2 to 3 months of arrears, eviction is justified.

Neighbourhood disturbance

Repeated noise nuisance, aggressive behaviour, damage to common areas. The disturbance must be serious and repeated — a single incident is not enough.

Property damage

Deliberate damage or damage through serious negligence well exceeding normal wear and tear.

Non-conforming use

Unauthorised subletting, commercial activity in a residential lease, illegal cultivation.

End of lease with notice

Expiry of the lease after notice duly served and not complied with by the tenant.

Steps of the procedure

1. Formal notice

The landlord sends a registered letter to the tenant detailing:

• The breach observed (arrears, disturbance, damage)
• The request for regularisation within 15 days
• Notice of legal proceedings if there is no response

2. Summons

If the tenant does not regularise, the landlord has a summons to appear served before the Justice of the Peace by a bailiff. The summons costs EUR 150 to 250.

3. The hearing

Both parties (or their lawyers) present their arguments before the justice of the peace. The tenant may:

• Contest the facts
• Request a grace period
• Propose a payment plan

4. The judgment

The judge delivers their decision within 2 to 4 weeks. They may:

• Pronounce termination of the lease and eviction
• Grant a grace period to the tenant
• Dismiss the application if the grounds are insufficient

The judgment and enforcement

Service and appeal period

The judgment is served by bailiff on the tenant. An appeal period of 1 month runs from service. During this period, the eviction may not be enforced (except for provisional enforcement ordered by the judge).

Enforcement of the eviction

After expiry of the appeal period (or in case of provisional enforcement), the bailiff:

1. Issues an order to vacate (8-day deadline)
2. Carries out the physical eviction if the tenant does not leave
3. Draws up an inventory of belongings and places them in storage

The tenant’s remedies

Before the judgment

• Regularise the situation: pay the arrears, cease the disturbance
• Negotiate a payment plan with the landlord
• Contact the PCSW for financial or rehousing assistance

After the judgment

• Appeal within the month following service
• Request an additional grace period from the appeal judge
• Contact a debt mediation service if the arrears are linked to over-indebtedness

Free first-line legal aid is available through justice houses or lawyer duty services.

Advice for both parties

For the landlord

1. Act quickly — each month of delay increases financial loss and lengthens the procedure
2. Document everything: arrears, correspondence, damage photos, neighbour testimonies
3. Favour dialogue before proceedings — an amicable agreement is always faster and less costly
4. Seek legal assistance for complex cases

For the tenant

1. Do not remain silent — communicate with the landlord and propose solutions
2. Attend the hearing — an absent tenant loses all negotiating leverage
3. Seek rehousing from the start of the procedure

To generate a lease with termination clauses compliant with the law, use our online lease generator. Also see our guide on eviction without a lease and eviction timeframes.