Tenant eviction: how does the procedure work in Brussels and Flanders?

Eviction is a drastic step for both parties. For the tenant, their home is at stake; for the landlord, their income and their property. The legislature has therefore regulated the tenant eviction procedure strictly, and since 2023 stricter rules have applied in Brussels than in Flanders. This article explains how a tenant is evicted from a home, which time limits apply and which defences are available.

No tenant eviction without a court

A tenant can only be removed from their home on the basis of an enforceable title (uitvoerbare titel / titre exécutoire), in practice almost always a judgment of the justice of the peace (vrederechter / juge de paix). That judgment is enforced by a bailiff (gerechtsdeurwaarder / huissier de justice), never by the landlord personally. Changing the locks, putting the tenant’s belongings out, blocking access to the property or cutting off the utilities amounts to unlawful self-help (eigenrichting / se faire justice soi-même).

Self-help exposes the landlord to damages and may have criminal consequences. In Brussels, since the 2024 lease reform, a landlord who evicts a tenant from their home without an enforceable title also owes the tenant compensation equal to eighteen months’ rent (Article 233/1 of the Brussels Housing Code, inserted by the ordinance of 4 April 2024).

On what grounds can eviction be sought?

• rent arrears, by far the most common reason;
• other serious breaches by the tenant, such as serious nuisance, subletting without consent or major damage;
• the end of the lease, for example after valid notice given by the landlord or by the tenant, where the tenant does not leave.

In the event of a breach, the landlord usually asks for the lease to be dissolved on the grounds of the tenant’s breach, for payment of the arrears and for eviction. The court assesses whether the breach is serious enough to end the lease. Limited or one-off arrears are not always sufficient.

Eviction in Brussels: stricter rules since 2023

The Brussels ordinance of 22 June 2023 incorporated the judicial eviction procedure into the Brussels Housing Code (Brusselse Huisvestingscode / Code bruxellois du Logement). It has applied since 31 August 2023. The main rules:

• Prior formal notice. In the case of rent arrears, the landlord must first send the tenant a written formal notice (ingebrekestelling / mise en demeure) with a clear statement of the amounts owed. The landlord must give the tenant at least one month to pay before bringing the case before the justice of the peace. Our article on formal notice explains how to draft it correctly.
• Longer period before the hearing. Where eviction is sought, at least forty days must elapse between the filing of the claim and the hearing. The public social welfare centre (OCMW / CPAS) is informed from the outset and can proactively assist the tenant during that period.
• Assessment by the court. The justice of the peace first tries to reconcile the parties. The judge takes the situation of both parties into account and may grant a payment plan instead of ordering eviction.
• Time limits after the judgment. In principle, at least one month must pass between service of the judgment (betekening / signification) and the eviction. The bailiff must give notice of the eviction date at least fifteen working days in advance, compared with five working days under the federal rules. If the tenant provides serious evidence that they will have a new home within a month, for example a signed lease, enforcement may be suspended.
• Winter moratorium. Between 1 November and 15 March, in principle no eviction from a home may be carried out. There are four exceptions: the tenant has another home, the property poses a danger to safety or health, the occupant’s behaviour poses a danger, or the landlord must occupy the property personally due to force majeure. If the tenant pays no occupation indemnity during the moratorium, the landlord can, under certain conditions, be compensated from a regional solidarity fund.

Eviction in Flanders: the procedure under the Flemish decree

In Flanders, for leases concluded since 1 January 2019, the rules are set out in Articles 43 to 50 of the Flemish Residential Tenancy Decree (Vlaams Woninghuurdecreet); for older leases, the general rules of the Judicial Code (Gerechtelijk Wetboek / Code judiciaire) continue to apply (Art. 1344bis et seq.). The landlord brings the case by application (verzoekschrift / requête) or writ of summons (dagvaarding / citation) before the justice of the peace for the place where the property is located. The court clerk or, in the case of a writ of summons, the bailiff informs the public social welfare centre; the decree does not allow the tenant to object (Article 46).

In principle, the judgment can only be enforced one month after service (Article 48 of the Flemish Residential Tenancy Decree). On request, the court may shorten or extend that period in light of the circumstances, for example where rehousing is particularly difficult. The bailiff must inform the tenant of the actual eviction date at least seven calendar days in advance.

In Flanders, there is no statutory winter moratorium for privately rented homes. Belongings left in the property are removed at the tenant’s expense and, if the tenant does not collect them, kept by the municipality for six months (Article 49 of the Flemish Residential Tenancy Decree). Wallonia has its own rules, which are not covered here.

What defences does the tenant have?

• disputing the arrears, with proof of payment;
• proposing a realistic payment plan;
• relying on defects in the property that justify a rent reduction, if necessary through a counterclaim;
• in Brussels, checking whether the mandatory prior formal notice was sent and whether the one-month period was respected;
• asking for a longer period before enforcement because of the family situation or the difficulty of finding a new home.

Appearing in court is essential. A tenant who does not attend the hearing risks a default judgment (verstekvonnis / jugement par défaut), in which the court will generally rely on the landlord’s version. Contact a lawyer in good time and, if you need help finding a new home, the public social welfare centre.

What should the landlord do?

Act quickly on arrears: the longer you wait, the larger the debt and the smaller the chance of full recovery. Keep the lease, the payment records and all correspondence. In Brussels, follow the preliminary steps meticulously, as a procedural error can easily cost months.

A negotiated departure with a payment plan is sometimes faster and cheaper than an eviction. To recover the arrears after the judgment, the bailiff can levy a seizure (beslag / saisie). More on seizures.

Frequently asked questions

Can the landlord change the locks without a judgment?

No, never. Without an enforceable title, that is unlawful self-help. In Brussels, the landlord also risks having to pay the tenant compensation of up to eighteen months’ rent (Article 233/1 of the Brussels Housing Code).

How long does an eviction procedure take?

That depends on the case and on the schedule of the justice of the peace. In Brussels, the statutory time limits come on top: one month after the formal notice, at least forty days until the hearing and at least one month after service of the judgment. If enforcement falls in winter, the Brussels winter moratorium adds further time.

Can a tenant be evicted in winter?

In Brussels, in principle not between 1 November and 15 March, except in the four statutory exceptions. In Flanders, there is no statutory winter ban for private rentals, but the court may take the circumstances into account when setting the period for enforcement.

What happens to the rental deposit?

The deposit (huurwaarborg / garantie locative) secures the tenant’s obligations. After the final settlement of accounts, it can be used for the arrears and for any rental damage, with the written agreement of both parties or on the basis of a judgment. More on the rental deposit.

Who pays the costs?

In principle, the losing party, usually the tenant: the court costs and a procedural indemnity (rechtsplegingsvergoeding / indemnité de procédure). In Brussels, however, the costs of a writ of summons remain payable by the landlord who issues it, even if he wins, because a residential tenancy case there is in principle brought by application (Article 233quinquies of the Brussels Housing Code). In practice, the landlord often advances the bailiff’s costs. If the tenant is insolvent, the landlord sometimes has to bear them.

Novex Advocaten can assist you

We handle the procedure for landlords and defend tenants before the justice of the peace, in Brussels and Flemish Brabant. See also our step-by-step plan for rent arrears and our article on proceedings before the justice of the peace.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.