Lawyer Saint-Gilles and Forest: rights of tenants and landlords

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Lawyer Saint-Gilles and Forest: rights of tenants and landlords

Looking for a lawyer for Saint-Gilles (Sint-Gillis) or Forest (Vorst)? Novex Advocaten assists residents of both municipalities from our office on Avenue Louise (Louizalaan) in Brussels, in English, French, Dutch and Arabic. Because many residents of Saint-Gilles and Forest rent their home, this article focuses on the rights of tenants and landlords under the Brussels rules. We also explain which courts have jurisdiction and which other matters we can help you with.

Lawyer for Saint-Gilles and Forest: which courts have jurisdiction?

Saint-Gilles and Forest are part of the judicial district of Brussels. Each municipality forms a separate judicial canton, with its own justice of the peace (vrederechter / juge de paix). The justice of the peace for the canton where the home is located hears all tenancy disputes, regardless of the amount. Among other things, the justice of the peace also deals with disputes between neighbours and with money claims up to EUR 5,000.

Traffic cases go to the Brussels police court (politierechtbank / tribunal de police), family matters to the Brussels family court and criminal cases to the Brussels criminal court (correctionele rechtbank / tribunal correctionnel). Each of these courts exists in a Dutch-speaking and a French-speaking version. We plead in both languages and explain everything to you in the language of your choice. Read more about changing the language of proceedings before the police court.

Tenants in Saint-Gilles or Forest: your rights

For a rented home in Saint-Gilles or Forest, the Brussels Housing Code (Brusselse Huisvestingscode / Code bruxellois du Logement) applies. Leases concluded or renewed since 1 November 2024 are also subject to new rules. Below are the questions we are asked most often.

Damp, mould and other defects

The landlord must provide a home that meets the Brussels standards on safety, health and amenities, including with regard to damp, heating, hot water and ventilation. Give the landlord formal notice in writing and keep photos, reports and correspondence. If the landlord does not respond, you can file a complaint with the Regional Housing Inspectorate (Gewestelijke Huisvestingsinspectie / Inspection régionale du Logement) or go to the justice of the peace. Notice served by the landlord after a complaint to the Regional Housing Inspectorate is suspended until the Inspectorate’s decision (Article 7 of the Brussels Housing Code).

The justice of the peace can order the landlord to carry out the necessary works and, in the meantime, grant a rent reduction. If the breach is serious, the court can dissolve the lease on the ground of the landlord’s breach and order the landlord to pay damages, which may cover moving costs, among other things; the court can then also order the landlord to bear the rehousing costs, including the difference between the old and the new rent, up to the amount of a non-excessive rent, for a maximum of eighteen months (Article 219(6) of the Brussels Housing Code). Do not simply withhold rent: this can backfire on you. Read more about damp and defects in a rented home.

Rent that is too high

In Brussels, a landlord may not charge an unreasonable rent. Rent that is more than twenty per cent above the reference rent (referentiehuurprijs / loyer de référence), or rent for a home with substantial quality defects, is presumed to be unreasonable. The tenant can ask the joint rent committee (paritaire huurcommissie / commission paritaire locative) for an opinion and ask the justice of the peace to revise the rent. Read more about the mandatory information in a lease.

Getting your rental deposit back

For Brussels leases concluded or renewed since 1 November 2024, the deposit is capped at two months’ rent, whatever its form (Article 248 of the Brussels Housing Code). If the deposit is held in a blocked account in the tenant’s name, the interest accrues to the tenant. After the lease ends and the keys are returned, the deposit must be released; for leases concluded or renewed since 1 November 2024, this must happen, barring a dispute, within two months, failing which the amount is increased by ten per cent of the monthly rent for each month or part of a month (Article 249(2) of the Brussels Housing Code).

The landlord may only withhold amounts that can be justified, for example by comparing the check-in and check-out inventories (plaatsbeschrijving / état des lieux). If no check-in inventory was drawn up, the tenant is in principle presumed to have received the home in the condition it is in at the end of the lease. Read more about the rental deposit and about the inventory and rental damage.

Giving notice yourself

Under a nine-year lease, the tenant can give notice at any time, with a notice period of three months. If the tenant gives notice during the first three years, compensation of three, two or one month’s rent is due, depending on whether the lease ends in the first, second or third year. The tenant can end a short-term lease at any time with three months’ notice and compensation of one month’s rent. Read more about giving notice as a tenant.

Landlords in Saint-Gilles and Forest

We also assist landlords: with drafting a lease that complies with the Brussels rules, with rent arrears, with notice for own occupation or for renovation works and with proceedings before the justice of the peace. A properly drafted and registered lease prevents many disputes later on. Read more about what you can do if your tenant does not pay, about notice given by the landlord and about proceedings before the justice of the peace.

Other areas of law

Traffic law: defence before the Brussels police court. Since 1 September 2026, the penalty levels of the new Criminal Code apply to new offences; most traffic offences fall under level 1, which does not include imprisonment. For offences committed before that date, the former penalties continue to apply, unless the new rules are more lenient. Read more about a summons to the police court and about the new Criminal Code in traffic cases.
Criminal law: assistance during a police interview and defence before the criminal court. Read more about your rights during a police interview.
Family law: divorce, residence arrangements for children and child maintenance before the Brussels family court.
Debt recovery and businesses: unpaid invoices, contracts, commercial leases and bankruptcy.

How do we work?

You contact us by phone or email and briefly explain your situation. We immediately give you an initial assessment of the approach and the costs, and make clear arrangements about our fees. We check whether legal expenses insurance covers your costs. If your income is limited, we inform you about second-line legal aid (juridische tweedelijnsbijstand / aide juridique de deuxième ligne) through the Legal Aid Office (Bureau voor Juridische Bijstand / Bureau d’Aide Juridique).

Frequently asked questions

Can I withhold rent until the landlord carries out repairs?

Do not do this on your own initiative. Unilaterally withholding rent can be treated as rent arrears and lead to proceedings against you. Instead, ask the justice of the peace to order repairs or to grant a rent reduction.

My landlord will not release my deposit. What now?

First send formal notice by registered letter, setting a deadline for releasing the deposit. If the landlord claims damage, ask for a justification based on both inventories. If the landlord still fails to act, the justice of the peace can order the release, with interest where appropriate. For a deposit held in a blocked account in your name, release is possible with a written agreement between both parties, drawn up no earlier than the end of the lease, or with a court judgment.

How do I know whether my rent is unreasonably high?

Compare the rent with the reference rent, which must be stated in your lease if it was concluded on or after 2 December 2021 (Article 218(1) of the Brussels Housing Code). For an older lease, you can look up the reference rent in the indicative rent grid of the Brussels-Capital Region. We help you make that comparison and take the next step.

Which justice of the peace has jurisdiction over my home?

The justice of the peace for the canton where the home is located: for a home in Saint-Gilles, that is the justice of the peace of Saint-Gilles; for a home in Forest, that of Forest. This applies to all tenancy disputes, regardless of the amount. We conduct the proceedings in Dutch or in French.