In Belgium, a rental dispute goes before the justice of the peace (vrederechter / juge de paix) for the place where the rented property is located, whatever the amount at stake (Article 591 of the Judicial Code). This applies to residential and commercial leases alike, and to tenants as well as landlords. The procedure is therefore more accessible than many people think, but that does not mean it is wise to start it unprepared. The justice of the peace rules quickly, and usually on the basis of the documents produced at the first hearing.
Rental dispute: when do you need a lawyer?
Not every dispute calls for court proceedings. A disagreement over a rental deposit of a few hundred euros can often be settled with a registered letter and a correct statement of account. Moreover, you are not required to have a lawyer before the justice of the peace. A lawyer does become useful in the following situations:
- Rent arrears. The arrears keep growing or eviction is looming. If you are a landlord, you will find the approach in our step-by-step plan for unpaid rent.
- Disputed rental damage. The damage found when the tenant leaves is disputed and there is no inventory of the property drawn up jointly by both parties (plaatsbeschrijving / état des lieux).
- Notice to terminate. There is a disagreement over the validity of a notice to terminate or over the termination indemnity.
- Defects. The property has defects such as damp or mould, a faulty heating system or a safety problem, and you want the rent reduced or the lease dissolved.
- Commercial lease. With a commercial lease (handelshuur / bail commercial), strict time limits on pain of forfeiture make or break the case, for instance for the renewal request.
- Lawyer on the other side. The other party has instructed a lawyer.
Conciliation first before the justice of the peace
At the request of either party, the justice of the peace can call both parties, free of charge, to a conciliation hearing (Article 731 et seq. of the Judicial Code). This hearing is informal, quickly obtained and commits you to nothing. If an agreement is reached, it is recorded in an official report that is enforceable in the same way as a judgment. In residential lease cases in Flanders and Brussels, the justice of the peace also always attempts to reconcile the parties, even when proceedings on the merits have been brought (Article 47 of the Flemish Residential Tenancy Decree; Article 233octies of the Brussels Housing Code).
In rental cases involving a payment problem, conciliation often brings in money faster than proceedings on the merits, for example through a payment plan. The landlord can also keep the tenant. If no agreement is reached, proceedings on the merits remain open.
Proceedings on the merits before the justice of the peace
Without an agreement, the case is brought by a writ of summons served by a bailiff (dagvaarding / citation; gerechtsdeurwaarder / huissier de justice) or, in rental matters, by an inter partes application filed with the court registry (Article 1344bis of the Judicial Code). The procedure runs as follows:
- Introductory hearing. The case is called at the introductory hearing; it is either dealt with immediately or a timetable for written submissions is set. If the landlord seeks the eviction of a tenant from a dwelling, the registry (in the case of an application) or the bailiff (in the case of a writ of summons) informs the public social welfare centre (OCMW / CPAS); the Flemish Residential Tenancy Decree and the Brussels Housing Code do not allow the tenant to object to this.
- Written submissions. Both parties exchange their written submissions (conclusies / conclusions) and documents within the time limits set by the court. Anything filed late is, as a rule, excluded from the proceedings.
- Oral arguments. Short and focused: the justice of the peace knows rental law and above all wants to know which documents support your position.
- Judgment. Usually within a few weeks of the oral arguments. An eviction from a dwelling can, as a rule, only be enforced once a period of one month has passed since service of the judgment. In Brussels, a winter moratorium on court-ordered evictions also applies from 1 November to 15 March, subject to exceptions (Article 233duodecies of the Brussels Housing Code).
Where a technical assessment is needed, for example for damp, structural stability or rental damage, the court can appoint a court expert. This takes time and money, but it provides the evidence that a mere exchange of conflicting statements cannot.
The documents that decide your rental dispute
- the registered lease;
- the move-in and move-out inventory of the property;
- proof of the rental deposit;
- a chronological overview of payments;
- the registered correspondence, with proof of posting;
- dated photographs and, where appropriate, findings recorded by a bailiff.
If there is no detailed inventory, the burden of proof shifts fundamentally. The tenant is then presumed to have received the property in the condition in which they return it, unless proven otherwise by any means of evidence (Article 39 § 3 of the Flemish Residential Tenancy Decree; Article 220 § 1 of the Brussels Housing Code). This makes it very difficult for the landlord to prove rental damage.
Which rental law applies?
For a dwelling in the Flemish Region, the Flemish Residential Tenancy Decree of 9 November 2018 (Vlaams Woninghuurdecreet) applies to leases concluded from 1 January 2019. Matters not governed by the decree fall back on general lease law (Article 3 of the decree). For a dwelling in Brussels, the Brussels Housing Code (Brusselse Huisvestingscode / Code bruxellois du Logement) applies, and for a dwelling in Wallonia, the Walloon Decree of 15 March 2018 on residential leases. Older leases may still be governed by the former federal rules.
These regimes differ in terms of notice periods, termination indemnities, the rental deposit and the mandatory particulars of the lease. Commercial premises are governed by the federal Commercial Leases Act (Handelshuurwet / loi sur les baux commerciaux). This classification is the first step in every case: it determines how much time you have left and which compensation you can claim. You will find the basic rules on our page on the rights and obligations of tenants and landlords.
What does a rental dispute before the justice of the peace cost?
Expect to pay the cause-list fee (rolrecht / droit de mise au rôle), any costs of service by the bailiff, your lawyer’s fees and, if an expert assessment is ordered, the advance for the expert. The conciliation hearing itself is free of charge.
As a rule, the losing party pays a procedural indemnity (rechtsplegingsvergoeding / indemnité de procédure) to the winning party. This is a flat-rate contribution to legal fees, the amount of which depends on the value of the claim and stays within statutory limits.
If you have legal expenses insurance, a rental dispute is often covered; check your policy before incurring costs. If your income is limited, you can check with the Legal Aid Office (Bureau voor Juridische Bijstand / Bureau d’Aide Juridique) whether you are entitled to second-line legal aid.
Frequently asked questions
Do I need a lawyer before the justice of the peace?
No, you may defend yourself before the justice of the peace. A lawyer is nevertheless advisable when a lot is at stake, when strict time limits are approaching or when the other party has a lawyer.
Which justice of the peace has jurisdiction over my rental dispute?
As a rule, the justice of the peace for the canton (kanton / canton) in which the rented property is located. The Brussels-Capital Region has several justice of the peace courts, each covering one or more municipalities. For residential leases in Flanders, the decree expressly gives jurisdiction only to the justice of the peace for the place where the property is located (Article 43 of the Flemish Residential Tenancy Decree).
How long do proceedings before the justice of the peace take?
That depends on the case and on the court’s workload. A simple case can be dealt with at the introductory hearing; if written submissions or an expert assessment are needed, it can quickly take several months.
What if the other party does not turn up?
The justice of the peace can then give a default judgment (verstekvonnis / jugement par défaut). As a rule, the absent party can lodge an objection (verzet / opposition) within one month of service of the judgment.
Can I appeal against the judgment of the justice of the peace?
As a rule, yes: an appeal is brought before the Court of First Instance (rechtbank van eerste aanleg / tribunal de première instance) within one month of service of the judgment. For claims not exceeding €2,000, the justice of the peace rules at last instance and no appeal is possible (Article 617 of the Judicial Code).
Rental dispute lawyer: Novex Advocaten at your side
We assist both tenants and landlords, from the first registered letter through to the enforcement of the judgment. Send us the lease, the inventory and the correspondence: you will quickly know whether your case is strong and whether conciliation or proceedings is the better route.
Call 0484 99 22 72 or email asfour@novexadvocaten.be.
Sources
More about our approach: tenancy and property lawyer in Brussels.