Can I be evicted?
Only with a justice-of-the-peace judgment — a landlord can never put you out on their own authority. If the landlord wants to evict you, they must go to the justice of the peace (by petition or summons, art. 1344ter et seq. of the Judicial Code). Changing the locks or putting your things out yourself is forbidden. Possible grounds are non-payment, serious breaches, the end of the lease or the landlord's own use; a clause that dissolves the lease 'automatically' is void. The judge first examines whether conciliation is possible, and the public welfare centre (OCMW/CPAS) is notified. After an eviction judgment, the actual eviction may take place at the earliest 1 month after service, and the bailiff gives you at least 5 working days' notice. Mind the regions: there is no federal winter ban. In Brussels a winter truce (1 November–15 March) covers all housing; in Wallonia only social housing; in Flanders there is no winter truce.
📋 The rules
- An eviction is possible only with a justice-of-the-peace judgment (art. 1344ter et seq. of the Judicial Code)
- Changing the locks or putting the belongings out yourself (self-help) is forbidden
- The judge first examines conciliation; the welfare centre is notified
- Actual eviction: at the earliest 1 month after service of the judgment
- The bailiff gives at least 5 working days' notice of the date
- Winter truce: Brussels 1 Nov–15 March (all housing); Wallonia only social housing; Flanders none
🔓 Exceptions
- An 'automatic dissolution' for non-payment written into the contract is void — only the judge can dissolve the lease
- The judge can extend the eviction term (humane reasons) or, in serious cases, shorten it
- The winter truce is not federal: in Brussels it runs 1 November to 15 March for all housing, in Wallonia only for social housing, and in Flanders it does not exist
⚠️ Penalties & fines
If a landlord evicts you without a judgment — locks changed, furniture on the street — that is unlawful self-help. The judge can order them to let you back in and to pay damages. If the eviction is granted, on the other hand, the tenant generally bears the procedure costs, on top of the rent that keeps running until the judgment. The timing is tight but not infinitely elastic: eviction may take place at the earliest 1 month after service, with at least 5 working days' warning from the bailiff — and only the judge can lengthen or shorten that term.
📎 Official sources
- SPW Logement · eviction procedure (Wallonia) →
- Droits Quotidiens · winter eviction (Brussels) →
- Winston · eviction: procedure and rights →
❓ Frequently asked
Can my landlord just put me out?
No. An eviction is possible only with a justice-of-the-peace judgment. Changing the locks or putting your things out is unlawful self-help: the judge can order the landlord to let you back in and to pay damages.
How quickly can I be evicted?
Only after a judgment, and the actual eviction may take place at the earliest 1 month after it is served. The bailiff also gives you at least 5 working days' notice of the exact date and time.
Can I be evicted in winter?
It depends on the region. In Brussels a winter truce from 1 November to 15 March covers all housing. In Wallonia only social housing, so private tenants can be evicted there in winter. In Flanders there is no winter truce.
What is the welfare centre's role?
As soon as the procedure starts, the court clerk automatically notifies the OCMW/CPAS of your residence, unless you object. The centre must offer appropriate help, such as support with rehousing.
Can the judge still extend the term?
Yes. The justice of the peace can extend the eviction term for humane reasons, and shorten it in serious cases. The judge first examines whether conciliation between you and the landlord is possible.
🔎 Common searches
What people search to land here:
- “eviction judgment justice of the peace”
- “landlord puts me out”
- “winter eviction ban brussels”
- “eviction term 1 month”
- “welfare centre eviction”
- “bailiff eviction 5 working days”