Tenant eviction timeframes in Belgium

The steps of eviction and their timeframes

In Belgium, tenant eviction is an exclusively judicial procedure. The landlord may never carry out an eviction on their own — changing locks, cutting services or putting the tenant’s belongings outside is strictly prohibited and constitutes a criminal offence.

The eviction procedure follows several steps, each with its own timeframes:

1. Formal notice: sending a registered letter (15-day response period)
2. Summons by bailiff: service by a bailiff (1 to 2 weeks)
3. Hearing before the Justice of the Peace: 2 to 6 weeks after the summons
4. Judgment: 2 to 4 weeks after the hearing
5. Service of the judgment: 1 to 2 weeks
6. Appeal period: 1 month after service
7. Execution of the eviction: 1 to 4 weeks after expiry of the appeal period

Summary table of timeframes

These timeframes are excluding any grace period granted by the judge and excluding the winter moratorium. With these elements, the procedure can last up to 12 months.

The grace period granted by the judge

The justice of the peace has discretionary power to grant the tenant an additional period before eviction. This grace period aims to prevent the tenant from being made homeless overnight.

Criteria for granting

The judge considers:

• The family situation of the tenant (minor children, elderly persons)
• The rehousing efforts undertaken by the tenant
• The seriousness of the breaches (long-standing vs. recent arrears)
• The good faith of the tenant (have they tried to pay, are they looking for housing?)

Duration of the grace period

The period generally ranges from 1 to 6 months. In the most sensitive cases (family with children, isolated elderly person), the judge may extend to 12 months.

Can the procedure be accelerated?

Summary proceedings

In case of urgency (serious disturbance, danger to the property), the landlord may request summary proceedings which shorten the timeframes:

• Urgent summons (24 to 48 hours)
• Rapid hearing (3 to 7 days)
• Immediate decision or within 48 hours

This procedure remains exceptional and is reserved for serious cases (unlawful occupation, deliberate damage, threats).

Default judgment

If the tenant does not appear at the hearing, the judge may render a default judgment. This accelerates the process but the tenant may file opposition within the month following service.

Practical advice

For the landlord

1. Act from the first month of arrears — each month of delay adds a month to the procedure
2. Build a solid case before issuing the summons: formal notice, arrears statements, inventory
3. Plan for the winter moratorium — launch the procedure before October to hope for enforcement before November

For the tenant

1. Respond to the formal notice — propose a staged payment plan
2. Attend the hearing — the judge will be more lenient with a cooperative tenant
3. Actively seek rehousing and inform the judge

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