How to evict a tenant from your premises?

When a tenant defaults on his rent payments or causes damage to the rented property, a landlord may be tempted to evict. However, it is crucial to realize that the procedure for evicting a tenant is strictly regulated by law in Belgium and must be carefully followed.

A practical guide

Legal framework for eviction

A tenant cannot be evicted without the intervention of a judge. The eviction of a tenant is only possible after a court order from a justice of the peace. The landlord is strictly prohibited from single-handedly evicting the tenant, such as by putting possessions on the street or changing locks. Such actions are illegal and punishable. Even a tenant who fails to fulfill his contractual obligations can file a complaint against the landlord in such cases and be vindicated. A landlord must always follow a specific procedure for eviction.

Grounds for tenant eviction

The relationship between tenant and landlord is governed by the lease, which includes mutual obligations. Failure to fulfill these obligations can be a valid reason for eviction. Common grounds for eviction are:

  • Non or late payment of rent. This is the most common reason and poses the greatest risk to the landlord.
  • Providing false information at contract signing.
  • Failure to obtain valid insurance.
  • Unauthorized subletting.
  • Unauthorized transfer of lease.
  • Infringement of the agreed purpose of the leased premises.
  • Use of the property for illegal activities.
  • Abnormal disturbance of neighborhood peace.
  • Non-compliance with rules regarding co-ownership.
  • Performing work without the landlord’s prior consent.

Number of payment defaults before eviction

Technically, eviction proceedings can be initiated after just one default. However, the justice of the peace decides the eviction. With only one default, the judge may consider it a default. Therefore, in practice, it is advisable to have at least two months of unpaid rent accumulated, in order to prove the repeated and intentional nature of the default.

The eviction process step by step

To evict a tenant, the following procedure should be followed:

  1. Petition: Request permission to evict from the justice of the peace in the canton where the property is located. This is done through a petition, a joint petition, or a subpoena (a petition is the most cost-effective option).
  2. Peace Court hearing: tenant and landlord are summoned to a hearing. The judge will first try to reconcile and find a solution. If this fails, the judge will make a decision. With two months of unpaid rent, eviction is often preferred. The justice of the peace finally issues the judgment.
  3. Service by Bailiff: The landlord must have a bailiff serve the judgment on the tenant.
  4. Actual Eviction: One month after service, the bailiff proceeds with the actual eviction of the tenant.

Concrete steps in the eviction process

Following the court decision, the bailiff will set a date for the eviction and notify the tenant at least five days in advance. On the appointed day, the bailiff will appear at the property, accompanied by police and municipal officials. If the tenant refuses to allow entry, the bailiff may call in a locksmith. The bailiff will make a list of the contents on site and have them transported to an address provided by the tenant. The cost of transportation and storage is borne by the tenant. If the tenant does not provide a storage location, the municipality will provide storage for up to six months. To get back his belongings, the tenant must pay the cost to the municipality. In case of non-payment, the municipality will confiscate the belongings and return only non-confiscable goods, such as clothes and washing machines.

Duration and costs of an eviction procedure

Deportation proceedings take 7-8 months on average, but can last up to two years. To keep the procedure as short as possible, it is essential to follow all the steps correctly and compile a thorough file.

The cost of eviction proceedings can be significant. All costs are advanced by the landlord. You should consider:

  • Minimum €50 in court fees (the petition is first sent to the justice of the peace).
  • About €200 for the court fee and service of the judgment on the bailiff.
  • Eviction costs between €1,000 and €1,500.

If convicted, the tenant must repay these amounts to the landlord. In practice, however, it can be complicated to recover the amount advanced if the tenant is insolvent.

Tips to expedite the eviction procedure

The speed of an eviction proceeding cannot be directly affected by the landlord, since the operation of the courts is fixed. However, the landlord can speed up the proceedings by putting together a complete file that demonstrates that the tenant is not fulfilling its contractual obligations. This allows the court to make a decision on eviction more quickly.

A complete file must include evidence of unpaid rents and reminders sent. The goal is to show that the tenant knew about the defaults and reminders, and that these defaults were intentional.

Property management software can be a valuable tool in this regard. Such software allows you to monitor rent receipts in real time and detect defaults in a timely manner. A program such as Offimac allows you to send legally compliant payment reminders. These reminders can be sent first by e-mail, and then by letter or registered mail for an official notice of default. With software, you can centralize all communication and have easy access to all proof of reminders to the tenant. This allows you to present a complete file to the court from the very first default , showing that the landlord is taking serious steps and that the tenant is not fulfilling its obligations.

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Source reference:

[1] Civil Code (Belgium). Sections 1761a and 1790: The Dissolution of the Lease by the Judge. [2] Judicial Code (Belgium). Procedural Steps and Deadlines for Summons and Eviction through the Justice of the Peace. [3] Rent legislation (Flemish, Walloon or Brussels Region). Grounds for Judicial Termination (e.g. Overdue Rent, Poor Management) and Regional Particulars. [4] Royal Federation of Belgian Notaries (notaris.be). The Need for an Enforceable Title (Judgments) for Eviction. [5] Specialized Law Firm in Rental Law. Analysis of Case Law: Successful and Unsuccessful Proceedings to Evict. [6] Federal Department of Justice. Information on the Bailiff’s Role in Signing Judgment and Eviction. [7] Academic Legal Journal (Belgium). The Tenant’s Legal Protection and Eviction Modalities during the Winter Period. [8] Real Estate Sector Report. The Financial and Operational Impact of Prolonged Eviction Proceedings on the Landlord. [9] Local CPAS/Social Services. The Procedure for Social Assistance to Tenants in Eviction Proceedings (Regional Landlord Obligations). [10] Legal Advice. The Steps Before the Subpoena: Dunning, Amicable Resolution and Formalities. [11] Common Rental Law (Federal Legislation). Distinction between the Procedure for Residential Tenancy and Commercial Tenancy (if relevant).

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