Seizure for unpaid rent: the landlord’s last resort in Belgium
Seizure is the enforcement measure by which the landlord has the defaulting tenant’s assets or income seized to obtain payment of their rent claim. Coming at the end of the recovery procedure chain, it presupposes the failure of all previous steps: friendly reminder, formal notice, conciliation and judgment from the justice of the peace.
Under Belgian law, seizure is carried out exclusively by a bailiff mandated by the landlord, on the basis of an enforceable title and after service of a payment order. The Judicial Code (Articles 1489 and following) strictly regulates the procedure to ensure a balance between the creditor’s right to recover their claim and the protection of the debtor’s minimum living conditions. The landlord must lucidly assess the cost/benefit ratio of seizure: an insolvent tenant will yield no recovery despite procedural costs of 500 to 2,000 EUR.
Types of seizure applicable to unpaid rent
Several types of seizure are available to the landlord:
1. Movable seizure (movable enforcement seizure)
The bailiff goes to the tenant’s domicile to draw up an inventory of seizable movable assets. The seized assets are then sold at public auction and the proceeds are applied to payment of the claim.
2. Attachment on bank accounts
The bailiff notifies the seizure to the tenant’s financial institutions. The funds present in the accounts are frozen then transferred to the creditor (the landlord). This seizure is often more effective than movable seizure.
3. Attachment on remuneration
The bailiff notifies the seizure to the tenant’s employer, who withholds the seizable portion of the salary each month. This seizure provides regular but progressive recovery.
4. Protective seizure (emergency measure)
Possible without an enforceable title, it freezes the tenant’s assets pending a judgment. Requires authorisation from the seizure judge.
| Type of seizure | Enforceable title required | Effectiveness | Timeframe |
|---|---|---|---|
| Movable | Yes | Low to medium | 1-3 months |
| Bank attachment | Yes | High | 2-4 weeks |
| Wage attachment | Yes | Good (progressive) | 2-4 weeks |
| Protective | No (judge’s authorisation) | Preventive | 1-2 weeks |
Movable seizure procedure
Movable seizure is the most classic form. It proceeds in several steps:
- Payment order: the bailiff serves a payment order on the tenant, granting a final deadline (1 to 8 days)
- Seizure proper: the bailiff goes to the tenant’s domicile, draws up an inventory of seizable assets and may affix seals
- Seizure report: the bailiff drafts a detailed report of the seized assets, with description and estimated value
- Public sale: at least one month after the seizure, the assets are sold at auction. The tenant can avoid the sale by paying their debt before the sale date
- Distribution of proceeds: the sale proceeds are applied to payment of the landlord’s claim, after deduction of bailiff’s fees
Attachment on bank accounts:
The bailiff sends a seizure notification to the tenant’s bank. The bank immediately freezes the funds (up to the amount of the claim) and holds them for the landlord. The tenant retains a non-seizable amount in their account (1,650 EUR in 2025-2026, revised annually).
Attachment on remuneration:
The wage seizure brackets are set by royal decree and indexed annually:
| Net remuneration bracket (2025) | Seizable portion |
|---|---|
| Up to 1,260 EUR | 0% (totally non-seizable) |
| From 1,260 to 1,354 EUR | 20% |
| From 1,354 to 1,494 EUR | 30% |
| From 1,494 to 1,634 EUR | 40% |
| Above 1,634 EUR | 100% (seizable without limit) |
These thresholds are increased by 76 EUR per dependant of the tenant.
Non-seizable assets: protection of the tenant
The Belgian Judicial Code protects the debtor by prohibiting the seizure of certain essential assets. Article 1408 provides an exhaustive list of non-seizable assets:
Non-seizable movable assets:
- Bed, bedding and essential clothing for the debtor and their family
- One heating appliance and one cooking appliance
- A table and chairs (number adapted to the family)
- Crockery and essential household utensils
- One storage unit per household member
- Washing machine
- Tools necessary for the exercise of the profession (ceiling of 2,500 EUR)
- Objects used for children’s education and leisure
- Domestic animals
- Religious objects and family souvenirs without market value
Non-seizable sums:
- Family allowances
- Social integration income (RIS) from the CPAS
- Sickness benefits below a certain threshold
- Non-seizable amount in bank account (1,650 EUR)
In practice, movable seizure at the home of a tenant in a precarious situation is often unproductive, as assets of seizable value are rare. Attachment on bank accounts or wages is generally more effective.
To avoid reaching the seizure stage, prevention is essential. Consult our page on unpaid rent insurance and our advice for an effective formal notice.