Eviction for unpaid rent in Belgium: procedure and deadlines
Evicting a tenant for unpaid rent is the ultimate measure in the recovery process, when all previous steps — friendly reminder, formal notice, court judgment — have failed to regularise the situation. Under Belgian law, eviction is exclusively judicial: the landlord can never evict the tenant themselves, change the locks or cut off essential services (water, electricity, gas). Any such self-help action constitutes a criminal offence punishable by prosecution before the criminal court.
The eviction procedure requires having previously obtained a judgment from the justice of the peace ordering the termination of the lease and the departure of the tenant. Unlike France, Belgium does not have a legal winter truce: evictions can be carried out year-round, although some justices of the peace in practice grant additional time during the cold period for tenants in severe hardship.
Conditions for obtaining eviction
Eviction is only ordered by the justice of the peace in serious circumstances justifying termination of the lease:
Accepted grounds:
- Significant rent arrears (generally 3 months or more)
- Persistent refusal to pay despite reminders and the formal notice
- Repeated non-compliance with lease obligations
- Deliberate damage to the property
What the judge examines:
| Criterion | Assessment |
|---|---|
| Amount of arrears | The greater the arrears, the more likely eviction |
| Duration of non-payment | Long-standing non-payment strengthens the request |
| Good faith of the tenant | A tenant making partial efforts may obtain a reprieve |
| Personal situation | Family with children, illness, job loss |
| Landlord’s attitude | Has amicable conciliation been attempted? |
| Registered lease | An unregistered lease can complicate the request |
The justice of the peace has wide discretionary power. They can order lease termination with eviction, but also grant the tenant grace periods, order a staggered payment plan, or reduce the amount of arrears if certain charges were unduly billed.
Course of the eviction
The execution of eviction is strictly regulated by the Judicial Code:
Judicial phase
- Summons of the tenant: the landlord has the tenant summoned before the justice of the peace by a bailiff (or by joint petition)
- Hearing: the judge hears the parties, examines evidence and may attempt conciliation
- Judgment: the judge orders (or refuses) lease termination and eviction, with a possible grace period
- Service: the judgment is served on the tenant by a bailiff
- Appeal period: 1 month from the date of service (unless provisional enforcement is ordered)
Enforcement phase
- Order to vacate: the bailiff serves an order giving the tenant a deadline to leave voluntarily
- Request for police assistance: if the tenant does not leave, the bailiff requests police support
- Actual eviction: the bailiff, assisted by police and possibly a locksmith, carries out the eviction
- Inventory and storage: the tenant’s belongings are inventoried and stored
Important points:
- Eviction can only take place on working days, between 5am and 9pm
- The bailiff must inform the municipal CPAS of the scheduled eviction
- The CPAS can offer social support to the tenant
- The landlord cannot attend the eviction to “supervise” (the bailiff acts alone)
Deadlines and tenant’s remedies
The entire procedure, from the first reminder to actual eviction, generally takes between 4 and 12 months:
| Step | Indicative timeframe | Cumulative |
|---|---|---|
| Friendly reminder | 15 days | 15 days |
| Formal notice | 15 days | 1 month |
| Summons before the justice of the peace | 8 to 15 days | 1.5 months |
| Hearing and judgment | 1 to 3 months | 2.5 - 4.5 months |
| Service + appeal period | 1 month | 3.5 - 5.5 months |
| Order to vacate | 1 month (grace period) | 4.5 - 6.5 months |
| Police assistance request + execution | 1 to 3 months | 5.5 - 9.5 months |
Tenant’s remedies:
- Appeal: within the month following service of the judgment, before the court of first instance
- Grace periods: the tenant can ask the judge for a reprieve to find new housing (Article 1344bis of the Judicial Code)
- Opposition: if the judgment was rendered by default, the tenant can file opposition within one month
Costs for the landlord: Eviction costs (bailiff, locksmith, removal company, storage) are theoretically the tenant’s responsibility, but in practice difficult to recover if the tenant is insolvent. Count on between 1,500 and 4,000 EUR for the entire procedure (summons + judgment + execution).
The mandatory role of the CPAS: under Article 233 of the Judicial Code, the justice of the peace clerk must inform the municipal CPAS when an eviction judgment is pronounced. The CPAS can offer social support, rehousing assistance or debt mediation. This intervention is designed to prevent eviction from leading to homelessness, but it does not suspend execution of the judgment.
To avoid reaching the eviction stage, prevention remains the best strategy. Consult our page on unpaid rent insurance and the complete recovery procedure.