Tenant Eviction in Belgium

Landlords and tenants have to comply with a set of rules and regulations and they each have obligations towards each other. When tenant eviction in Belgium becomes a necessity, the landlord must observe the rules for lawful eviction.

The experts at our Belgian law firm can help you start the legal proceedings if you are a Belgian landlord dealing with a tenant who is a bad payer.

Tenancy period and the tenant’s and landlord’s rights in Belgium

The Belgian laws provide a convenient degree of protection to the tenant; however, individuals may be evicted from a property in Belgium if they do not pay the rent.

The duration of the contract, as well as the terms of the lease (including the value of the rent), are mutually agreed by the two parties. The landlord may request a deposit payment; however, this amount should not exceed three months’ worth of rent.

Our lawyers in Belgium can help you draw up a lease agreement and agree to terms that are favorable for both parties.

Grounds for eviction in Belgium 

In general, the landlord may not decide unilaterally to evict the tenant. However, the latter must observe the duration of the contract and, if the agreement is not renewed, observe his/her obligation to clear the premises.

For a standard 9-year main-residence lease, the landlord may end the lease only on legal grounds (own occupation, major works, or without reason at the end of the first or second three-year period), however, he must give six months’ written notice and he must pay a compensation to the former tenant, as agreed, (only for termination without reason) of nine or six months’ rent, depending on when the eviction takes place.

Eviction for nonpayment of rent is possible in Belgium, however, landlords should be well aware that this can become a lengthier process when handled by the courts in Belgium. One of our lawyers in Belgium can help you with legal representation if you choose to take legal action against a tenant. The duration of the eviction trial can last approximately two months and it may take as much as one year for the court decision to be enforced.

You can contact our attorneys in Belgium for complete information about the laws governing tenancy in the country and your rights as a landlord or as a tenant.