Unpaid rent in Belgium: landlord’s guide to recovery
Unpaid rent is the primary concern of Belgian landlords. Unlike France, Belgium has no public guarantee scheme such as Visale or GLI to protect against tenant default. The landlord must rely on the rental deposit, rigorous tenant screening and, when needed, the judicial recovery procedure before the justice of the peace.
The Belgian recovery procedure follows a progressive 7-step path: friendly reminder, formal notice, conciliation, summons before the justice of the peace, judgment, payment order and, as a last resort, seizure or eviction. Statistics show that 60 to 70% of non-payment cases are resolved at the amicable stage.
The recovery steps at a glance
| Step | Timeframe | Nature | Cost |
|---|---|---|---|
| Friendly reminder | D+5 to D+10 | Amicable | Free |
| Formal notice | D+15 to D+20 | Formal | 7-9 EUR |
| Conciliation | D+30 to D+45 | Pre-judicial | Free |
| Justice of the peace | D+60 to D+120 | Judicial | 150-300 EUR |
| Payment order | D+120 to D+150 | Enforcement | 150-300 EUR |
| Seizure | D+150+ | Enforcement | 500-2,000 EUR |
| Eviction | D+180+ | Enforcement | 1,000-3,000 EUR |
React quickly: from the first month of non-payment, send a reminder. Each month of passivity increases the risk of irrecoverable arrears.
Preventing unpaid rent
The best protection remains prevention:
- Check solvency: rent including charges should not exceed one third of the tenant’s net income.
- Require a stable employment contract.
- Collect the full rental deposit (2 to 3 months depending on the region).
- Have the lease registered within 2 months.
- Set a competitive rent to attract quality tenants.
- Consider unpaid rent insurance for additional coverage.
Conclusion
Facing unpaid rent requires a structured and timely response. Follow the progressive procedure, document every step, and never take the law into your own hands. Cutting off water, electricity or changing the locks is illegal in Belgium and exposes the landlord to criminal prosecution. The justice of the peace is the only authority that can order eviction.