In Brussels, between the formal notice to a tenant in arrears and a possible eviction, the statutory time limits take at least three months, not counting the court registry or the bailiff. Arrears found in September will therefore not lead to an eviction before the moratorium of 1 November: what is at stake now is the quality of the file and access to the regional fund.

What steps does the Brussels procedure require?

Since 31 August 2023, the Brussels eviction procedure has been set out in Articles 233bis to 233duodecies of the Brussels Housing Code, inserted by the Ordinance of 22 June 2023. Everything starts with a written formal notice. It states the landlord’s identity and capacity, justifies the amounts claimed and mentions the possible legal action. Bruxelles Logement publishes a template. Its time limit is at least one month and runs from the date of sending, not from the date of receipt (Article 233quater). A copy of this formal notice, with proof that it was sent at least one month before the application was filed, must be attached to any eviction claim, on pain of nullity (Article 233quinquies). An agency that sends a simple reminder, without these statements, therefore does not start the time limit running. The formal notice is the first document in the file.

Application or writ of summons?

The claim is brought by application. A writ of summons remains admissible, but its costs remain payable by the claimant, even if the claimant wins, save for exceptions (Article 233quinquies). When the application includes an eviction claim, the period to appear is extended to 40 days (Article 233sexies). The CPAS receives a copy of the originating document, and then of the eviction decision.

What happens at the hearing?

The justice of the peace must first attempt to reconcile the parties, for any claim relating to the letting of housing (Article 233octies of the Brussels Housing Code). In Brussels, since 31 August 2023, this rule replaces Article 1344septies of the Judicial Code, which the ordinance repealed for the Region. It is an attempt at the hearing, not a separate prior application. If conciliation fails, the judge carries out a proportionality review. The judge only dissolves the lease if the debt cannot be paid off within reasonable time limits, or if dissolution is a proportionate decision (Article 233ter). The preparatory works cite the example of arrears of less than three months, which would not be enough on their own, but this threshold does not appear in the text. For the agency, a written repayment plan and a history of reminders may weigh in this assessment.

How long between the judgment and the eviction?

At least six more weeks, not counting the practical delays of the court registry and the bailiff. The eviction cannot take place until one month after service of the judgment, except where the premises are abandoned, the parties agree or the judge decides otherwise (Article 233undecies). This period is suspended until the bailiff has informed the CPAS of the service. The bailiff then sends an eviction notice, and the eviction can only take place fifteen working days later. This period is interrupted if the tenant proves an effective rehousing solution within the month. In its judgment no. 131/2025 of 9 October 2025 (case numbers 8162, 8193 and 8194), the Constitutional Court dismissed the challenge to these rules, subject to an interpretive reservation: the rehousing solution relied on must differ from those the judge has already examined.

What is the real timeline for arrears found in September?

Step Minimum period Text
Formal notice At least one month before the application Articles 233quater and 233quinquies
Application and appearance 40 days Article 233sexies
Hearing: conciliation, then judgment Depends on the justice of the peace’s list Articles 233octies and 233ter
Service, then enforcement period One month, suspended until the CPAS is informed Article 233undecies, § 1
Bailiff’s notice Fifteen working days Article 233undecies, § 2
Winter moratorium No eviction from 1 November to 15 March Article 233duodecies

Added together, these periods give about three months at the very least between the formal notice and a possible eviction. A formal notice sent in early September therefore does not allow an eviction before 1 November. The winter moratorium then prohibits any eviction until 15 March, with four exceptions: rehousing available or the tenant has left, health or safety reasons, dangerous behaviour, or force majeure requiring personal occupation. The last three require a specially reasoned decision. The occupancy indemnity remains due during the moratorium.

Who can be compensated by the regional fund?

The landlord whose eviction is blocked by the moratorium, subject to a date condition. The Order of the Brussels Government of 14 September 2023 requires a court decision authorising eviction after 15 August, before or during the moratorium. Beware: the consolidated version on Justel still shows wording that refers to the date of the judgment. An erratum published in the Belgian Official Gazette on 30 October 2023 corrected it: what counts is the date from which eviction is authorised. The compensation only covers the period running from that date. If the judgment has not been served, service is deemed to have taken place on the day of the judgment. Only one application is possible per dwelling, at the earliest when the tenant leaves or on 15 March, and at the latest on the following 15 September. Payment is subject to available budget.

Two consequences for the agency. An eviction authorised in July does not open the fund. Nor does an eviction authorised only from April, after 15 March. And for winter 2025-2026, the landlords concerned have until 15 September 2026 to file their application: one week remains.

How many landlords has the fund compensated?

According to the 2025 activity report of Bruxelles Logement (p. 28-29), 67 landlords applied for compensation for winter 2024-2025, against 103 the previous winter. The fund accepted 46, or 69 %, against 51 % the previous winter. It paid out EUR 89,719.44, or EUR 1,950 on average. The average compensated period was 65 days out of the 135 days of the moratorium. The first reason for refusal cited by the report is an eviction authorised before 15 August, or only after 15 March.

What reverse schedule should the agency follow in September?

  1. Chase quickly and propose a written repayment plan: it will be useful before the judge.
  2. Send a compliant formal notice, with the statements required by Article 233quater, by a means that proves the date of sending.
  3. File the application at the earliest one month after sending, rather than a writ of summons whose costs would stay with the landlord.
  4. Inform the owner at each step, with the dates: they need to know that the eviction cannot, save for exceptions, take place before 15 March.
  5. Check the authorised eviction date in the judgment, to know whether the fund is open.
  6. File the fund application no later than 15 September following the moratorium.

The Constitutional Court’s decision is covered in our article on the winter moratorium, and the fund’s conditions in our article on the compensation fund. Other move-out disputes are covered in our article on the end of the lease. The Brussels administration’s figures are covered in our article on the 2025 Bruxelles Logement report.

How does Seido help you keep the owner informed?

Managing several properties? Seido’s management report gives the owner the arrears as at the day it is generated. It can include, owner by owner, the log of exchanges relating to their property, including reminders to the tenant. The owner sees the work done without having to call. See owner reporting.

Frequently asked questions

Can a Brussels tenant be evicted before 1 November if the arrears date from September?

In practice, no. The formal notice must precede the application by at least one month, the appearance is set at 40 days, the eviction can only take place one month after service of the judgment, then fifteen working days after the bailiff’s notice. These statutory periods already go beyond 1 November, the start of the winter moratorium, without counting the court’s list.

Is conciliation mandatory before an eviction in Brussels?

The justice of the peace must attempt to reconcile the parties for any claim relating to the letting of housing, under Article 233octies of the Brussels Housing Code. It is an attempt at the hearing. Since 31 August 2023, this article replaces Article 1344septies of the Judicial Code in Brussels. Voluntary conciliation before any proceedings remains possible (Article 731 of the Judicial Code), but it is a different step.

Which date counts for the moratorium compensation fund?

The date from which the judgment authorises eviction, not the date of the judgment. It must fall after 15 August and before or during the moratorium. This is what the erratum published in the Belgian Official Gazette on 30 October 2023 states, correcting the Order of 14 September 2023. The compensation only covers the period running from that date.

Do arrears of less than three months prevent eviction?

Not automatically: no article of the Brussels Housing Code sets this threshold. The text requires a proportionality review: the lease is only dissolved if the debt cannot be paid off within reasonable time limits, or if dissolution is proportionate. The preparatory works cite arrears of less than three months as an example of a debt that is not sufficient on its own.

Sources and references

Last updated: September 2026. This article is provided for information purposes only and does not constitute legal advice. For any specific situation, consult a real estate law professional.