Evicting a tenant without a written lease in Belgium

Different situations of occupation without a written lease

The absence of a written lease in Belgium can cover very different situations, each with its own eviction rules:

The verbal lease

The tenant occupies the property with the landlord’s agreement, pays regular rent, but no written lease has been signed. Under Belgian law, this lease is legally valid and the tenant enjoys the same protection as with a written lease.

Free accommodation

A relative is accommodated free of charge without a contract. They pay no rent and do not have tenant status.

Squatting

A person occupies the property without the landlord’s agreement. This is the most clear-cut legal situation: the occupant has no rights.

Evicting a tenant with a verbal lease

A verbal lease creates the same rights and obligations as a written lease. The landlord must follow the standard eviction procedure:

1. Formal notice by registered letter
2. Summons before the Justice of the Peace by bailiff
3. Hearing and judgment
4. Execution by bailiff

The additional difficulty with a verbal lease is proof: the landlord must prove the lease conditions (rent amount, start date, duration) if they invoke a breach. Regular bank transfers, message exchanges and witnesses can serve as evidence.

See our guide on the verbal lease in Belgium to understand the legal implications.

Evicting an occupant without title

Standard procedure

For a tolerated occupant (free accommodation), the landlord must still go through the Justice of the Peace:

1. Formal notice to vacate
2. If the occupant refuses, summons to court
3. The judge orders evacuation

Summary proceedings (urgency)

For an occupant with no title whatsoever (squat), the landlord may obtain an eviction through summary proceedings:

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

This accelerated procedure does not apply to tenants with a verbal lease — these tenants benefit from the standard procedure with full tenant rights.

Points common to all procedures

Whatever the situation, certain rules are absolute:

1. Prohibition of de facto eviction: the landlord may never change the locks, cut services or remove the occupant’s belongings. This is a criminal offence (trespass, article 439 of the Criminal Code)
2. Exclusive bailiff intervention: only a bailiff with an enforceable title may carry out the eviction
3. Compliance with the winter moratorium: in Brussels and Wallonia, evictions are suspended from 1 November to 15 March (except for squats in certain cases)
4. Compliance with timeframes: the judge may grant a grace period to the occupant

Practical advice

For the landlord

1. Always sign a written lease — it clarifies rights and speeds up procedures
2. Do not tolerate unformalized occupation — an accommodated relative may acquire rights over time
3. Act quickly in case of unauthorised occupation
4. Never carry out a de facto eviction — the criminal penalties are severe

For the occupant

1. Require a written lease if you pay rent
2. Keep proof of your payments and occupation
3. In case of proceedings, consult a lawyer or the legal aid service

To create a written lease compliant with Belgian legislation, use our online lease generator. Also see our guide on rental deposit and unsigned lease to protect your deposit.