Rental trap in Belgium: what can the landlord do?
When a tenant fails to pay his rent, the landlord has several legal remedies to recover the rent arrears and possibly obtain the tenant's eviction. In Belgium, the procedure goes through the Justice of the Peace.
Step 1: Notice of default
The first step is a formal notice of default via registered mail or service by the huissier de justice. The tenant is given a reasonable period of time to pay the overdue rent. Novex Lawyers will draft this notice of default for you with the legally correct wording.
Step 2: Procedure before the justice of the peace
If the tenant does not pay after the formal notice, summon him to the justice of the peace of the judicial district where the leased property is located. The justice of the peace may order the tenant to pay overdue rent and court costs, and in serious cases may order the dissolution of the lease and eviction.
Eviction procedure
A judgment of eviction is enforced by the huissier de justice. The huissier puts the tenant in default and then proceeds with the effective eviction if necessary.
Rent arrears? Contact Novex Lawyers for legal advice and guidance at the Justice of the Peace.