Winter moratorium in Belgium: eviction ban during winter

The principle of the winter moratorium

The winter moratorium is a period during which the physical execution of tenant evictions is suspended. Its purpose is to prevent people from being left without housing during the coldest months of the year.

In Belgium, the winter moratorium is a regional competence. It does not exist at federal level, meaning the rules differ according to the Region where the property is located. This social protection mechanism is distinct from the eviction procedure itself, which may continue normally during the moratorium.

Important point: the winter moratorium only suspends the execution of the eviction (the physical evacuation by the bailiff), not the judicial procedure. The landlord may file their application, obtain a judgment and have it served during the moratorium — but the bailiff will not be able to carry out the evacuation until the period ends.

Differences between the three Regions

In Flanders: de facto protection

Even though Flanders does not have a legal winter moratorium, Flemish justices of the peace often grant additional grace periods during winter, particularly for families with children and vulnerable persons. This is not a prohibition of eviction, but a frequent case-law practice.

Exceptions to the winter moratorium

The winter moratorium is not absolute. Eviction may take place during the moratorium in the following cases:

Rehousing of the tenant

If the tenant has been rehoused in suitable accommodation (proposed by the PCSW, a social service or the landlord themselves), the eviction may be carried out. The replacement housing must be habitable, suited to the household composition and located within a reasonable distance.

Serious insalubrity

If the property presents a danger to the safety or health of the occupants (risk of collapse, fire, poisoning), evacuation may be ordered even during the moratorium. This is not strictly an “eviction” but a safety measure.

Occupants without title (depending on the Region)

In Brussels, the winter moratorium applies to all occupants, including squatters. In Wallonia, the arrangements are more flexible for occupants without title.

What can the landlord do during the moratorium?

Even though execution is suspended, the landlord may:

1. Send a formal notice to the tenant
2. Commence proceedings before the Justice of the Peace
3. Obtain an eviction judgment
4. Have the judgment served by bailiff
5. Prepare for enforcement on the day after the moratorium ends (16 March)

The moratorium is therefore a pause in execution, not in the procedure. A prudent landlord launches the procedure at the start of winter so that the judgment is ready for enforcement on 16 March.

See our guide on eviction timeframes to plan your procedure.

Practical advice

For the landlord

1. Launch the procedure before October — the winter months allow you to obtain the judgment without losing time
2. Anticipate the end of the moratorium — coordinate with the bailiff for swift enforcement on 16 March
3. Consider a rehousing solution — proposing suitable accommodation enables you to bypass the moratorium
4. Continue claiming rent — the moratorium does not suspend the tenant’s financial obligations

For the tenant

1. Use the moratorium to find housing — the respite is temporary, not indefinite
2. Contact the PCSW for rehousing assistance and debt mediation
3. Continue paying your rent — arrears accumulate and will worsen your situation

For a compliant lease incorporating notice and termination clauses adapted to your Region, use our online lease generator. A rental management software helps you plan deadlines and react quickly in case of arrears.