Evictions in Brussels

Since August 31, 2024, the rules surrounding tenant evictions in Brussels have changed significantly. These stricter conditions make it more difficult for landlords to evict tenants, particularly when there are issues like unpaid rent or other disputes. As a landlord, it’s important to be aware of the new procedures and requirements. In this article, we explain what you need to know to follow the correct steps when evicting a tenant in Brussels.

No Evictions During the Winter Months

One major change is that evictions in Brussels are no longer allowed between November 1 and March 15. This measure is aimed at preventing tenants from being evicted during the colder months. However, there are some exceptions to this rule. An eviction can still occur in this period if the tenant has found alternative housing, if the tenant's behavior creates a dangerous situation that makes continued residence impossible, or if the landlord needs to move into the property due to force majeure.

Solidarity Fund: Compensation for Landlords

For landlords dealing with rent arrears, the new regulation offers compensation through a solidarity fund. This is applicable if the tenant is not paying rent and the landlord is forced to take legal action. However, in order to qualify for this compensation, the landlord must initiate a procedure. It is the court that ultimately decides the amount of compensation the landlord can receive.

Mandatory Notice Before Eviction

Another key change is that landlords are now required to send a written notice to the tenant before taking them to court for unpaid rent. This notice must be sent at least one month before starting the legal procedure, and it must include several mandatory details. This gives the tenant a final opportunity to pay the overdue rent or come to an agreement before legal action is taken.

New Procedures and Better Protection for Tenants

The changes in Brussels’ rental legislation ensure that landlords must take more steps before they can evict a tenant. This reflects a greater focus on tenant protection, but it also affects the speed and efficiency of the eviction process. Landlords must exercise patience and carefully prepare for the legal process, with the court ultimately deciding on the eviction and any potential compensation.

Conclusion

The new eviction rules in Brussels mean that landlords need to invest more time and effort before they can remove a tenant, especially during the winter months. The requirement to send a notice and the possibility of receiving compensation from the solidarity fund are key factors landlords must consider. By staying informed about the legislation and the new procedures, landlords can protect their rights and ensure the process runs as smoothly as possible.