Justice of the peace and unpaid rent: accessing tenancy justice in Belgium
The justice of the peace is the local magistrate with jurisdiction over disputes between landlords and tenants in Belgium. For unpaid rent, it is exclusively before this court that the landlord must bring their claim for payment of arrears and, where applicable, lease termination and eviction of the defaulting tenant.
The Belgian justice of the peace stands out for its accessibility: oral procedure, reduced formalism, possibility of appearing without a lawyer, moderate procedural costs. Each judicial district has its own justice of the peace, and it is the judge of the place where the rented property is located (not the landlord’s domicile) who has territorial jurisdiction. This jurisdiction rule, provided for in Article 629 of the Judicial Code, is a matter of public order and cannot be modified by a lease clause.
Jurisdiction of the justice of the peace in rental matters
The justice of the peace has exclusive jurisdiction for disputes relating to residential leases, regardless of the amount at stake. This jurisdiction covers:
Landlord’s claims:
- Order for payment of rent arrears and charges
- Lease termination for serious breach by the tenant
- Eviction and setting of a grace period
- Setting of an occupancy indemnity
- Authorisation to release the rental deposit
Tenant’s claims:
- Rent reduction for lack of maintenance or hidden defects
- Challenging rental charges
- Rent reduction based on the indicative rent grid
- Reimbursement of unduly billed charges
- Ordering works to be carried out by the landlord
| Type of claim | Jurisdiction | Appeal possible? |
|---|---|---|
| Unpaid rent (any amount) | Justice of the peace | Yes, if > 2,000 EUR |
| Lease termination | Justice of the peace | Yes |
| Eviction | Justice of the peace | Yes |
| Charges dispute | Justice of the peace | Yes, if > 2,000 EUR |
| Rental damage | Justice of the peace | Yes, if > 2,000 EUR |
How to refer the matter to the justice of the peace
Two modes of referral are possible:
1. Summons by bailiff (standard route)
The landlord mandates a bailiff to serve a summons on the tenant. This summons calls the tenant to appear before the justice of the peace on a specified date.
Content of the summons:
- Identity of the parties (landlord and tenant)
- Subject of the claim (payment of arrears, lease termination, etc.)
- Detailed breakdown of amounts claimed
- Date and place of the hearing
- Copy of the lease
Cost of the summons: 150 to 300 EUR (advanced by the landlord, recoverable from the tenant in case of a favourable judgment).
2. Joint petition (by agreement of the parties)
If both parties agree to bring the dispute before the judge, they can file a joint petition at the court registry. This route is free but requires the tenant’s cooperation, which is rare in case of non-payment.
3. Prior conciliation (optional but recommended)
Before initiating contentious proceedings, the landlord can request a free conciliation from the justice of the peace. The clerk summons the parties for an attempted amicable resolution. In case of failure, the landlord can then have the tenant summoned.
Sending a prior formal notice by registered post is strongly recommended before referring the matter to the judge. This document demonstrates the landlord’s good faith and strengthens their case.
Hearing and judgment
Course of the hearing
The hearing before the justice of the peace is oral and relatively informal:
- Roll call: the clerk calls the cases in order of the court roll
- Landlord’s presentation: presentation of the claim, evidence (lease, formal notice, arrears breakdown) and submissions
- Tenant’s defence: the tenant presents their arguments and may file a counterclaim
- Judge’s questions: the judge may ask questions and request additional documents
- Deliberation: the judge announces the date of the ruling (generally 2 to 4 weeks after the hearing)
Possible decisions by the judge
| Decision | Effect |
|---|---|
| Order for payment | The tenant must pay arrears, interest and costs |
| Payment plan | The tenant pays in instalments |
| Lease termination | The lease is terminated, the tenant must vacate |
| Eviction with deadline | The tenant has a period (1 to 6 months) to leave |
| Dismissal | The judge rejects the landlord’s claim (rare in case of proven non-payment) |
Default judgment
If the tenant does not appear at the hearing, the judge renders a default judgment. The landlord generally obtains what they request, but the tenant has one month to file opposition and obtain a new hearing.
After the judgment: If the tenant does not pay voluntarily, the landlord has the judgment served by a bailiff and can proceed with a payment order, preliminary to seizure.
For an overview of all steps, consult our page on the complete procedure in case of unpaid rent.