Your Rights in Case of Problems: Repairs, Insalubrity, Eviction
Repairs: Who Pays What?
The law clearly distinguishes responsibilities:
| Landlord's Responsibility | Tenant's Responsibility |
|---|---|
| Roof, structure, facade | Routine maintenance (seals, light bulbs) |
| Boiler (replacement) | Boiler (annual maintenance) |
| Outdated electrical/gas installations | Small repairs of normal use |
| Structural dampness, infiltrations | Drain unblocking (normal use) |
| Glazing replacement (wear) | Glazing broken by the tenant |
| Lift (major maintenance) | Garden, hedges (routine maintenance) |
| Compliance with safety standards | Smoke detectors (batteries) |
What to Do if the Landlord Refuses to Repair?
Step 1: Report in Writing
Send a registered letter (or an email with read receipt) describing:
- The problem observed (with dated photos)
- The repair request
- A reasonable deadline (2 to 4 weeks)
Step 2: Formal Notice
If no response after the first letter, send a formal notice by registered mail:
- Recall the problem and the first letter
- Cite Article 1720 of the Civil Code (obligation of delivery)
- Set a final deadline (15 days)
- Mention that you will refer to the justice of the peace if no action is taken
Step 3: Conciliation at the Justice of the Peace
Before going to court, you can request a free conciliation at the justice of the peace in your canton. It's quick, informal, and often effective.
Step 4: Legal Action
If conciliation fails, you can summon the landlord before the justice of the peace. The judge can:
| Possible Decision | Effect |
|---|---|
| Order the works | Under penalty (fine per day of delay) |
| Reduce the rent | Proportionally to the loss of enjoyment |
| Terminate the lease | At the landlord's fault (+ damages) |
| Authorise compensation | You carry out the works and deduct from rent |
Insalubrious Housing: Your Remedies
A property is considered insalubrious if it presents risks to health or safety: excessive dampness, mould, dangerous electrical installation, lack of heating, infestation, etc.
Requesting a Habitability Inspection
| Region | Competent Service | Procedure |
|---|---|---|
| Brussels | DIRL (Regional Housing Inspection Directorate) | Complaint online or by mail |
| Wallonia | Municipal housing service + Rental permit | Complaint to the municipality |
| Flanders | Wonen-Vlaanderen (Conformiteitsonderzoek) | Complaint online or to the municipality |
BBrussels
- The inspector visits the property and drafts a report
- If the property is non-compliant: the landlord receives an uninhabitability order with obligation to carry out works
- The tenant can request rehousing via the CPAS
- Info: Brussels Housing — Compliance
WWallonia
- The municipality sends an inspector
- If the property is insalubrious: uninhabitability order from the mayor
- The landlord must bring it into compliance under penalty of criminal sanctions
- Info: Wallonia — Renting a property
VFlanders
- Request for conformiteitsonderzoek from the municipality
- If non-compliant: the property is declared ongeschikt (inadequate) or onbewoonbaar (uninhabitable)
- The landlord is registered on the list of inadequate housing (municipal tax)
- Info: Woninghuur Vlaanderen
Protection Against Illegal Eviction
What the Landlord CANNOT Do
| Prohibited Action | Sanction |
|---|---|
| Change the locks | Assault — criminal complaint possible |
| Cut off water, gas, or electricity | Assault — emergency injunction |
| Threaten or harass you | Criminal complaint + damages |
| Enter without your consent | Violation of domicile (Art. 439 Criminal Code) |
| Put your belongings outside | Assault — restitution + damages |
Legal Eviction Procedure
Only a justice of the peace can order an eviction, and only after:
- A court summons (with appearance deadline)
- A reasoned judgment
- Service of the judgment by bailiff
- A minimum period of one month after service
- Intervention of a bailiff for execution
Winter Truce (Brussels only)
| Aspect | Detail |
|---|---|
| Period | 1 November — 15 March |
| Effect | No physical eviction can be carried out |
| Exception | Rehousing guaranteed by the CPAS |
| Region | Brussels only (not in Wallonia or Flanders) |
The Role of the Justice of the Peace
The justice of the peace is your main point of contact for any rental dispute:
| Jurisdiction | Examples |
|---|---|
| Repairs | Order works, reduce rent |
| Rent | Contest an indexation, arrears |
| Guarantee | Release at end of lease |
| Eviction | Only authority to order it |
| Property inventory | Appoint an expert in case of disagreement |
| Termination | Pronounce the end of the lease |
Cost: conciliation is free. Contentious proceedings cost approximately €50-160 in court fees + possible lawyer fees.
Legal Aid and Associations
| Resource | For Whom | Contact |
|---|---|---|
| Legal aid office | Low-income individuals | Via the court of your district |
| Tenants' union | All tenants | Brussels, Liège, Charleroi |
| CPAS | Difficult financial situation | CPAS of your municipality |
| Unia | Housing discrimination | unia.be |
Official Links
- Belgium.be — Rental — Federal legal framework
- Brussels Housing — Compliance — Brussels habitability inspection
- Brussels Housing — Renting — Brussels rules
- Wallonia — Renting a property — Walloon framework
- Woninghuur Vlaanderen — Flemish framework
- Unia — Housing Discrimination — Remedies in case of discrimination
- CPAS — Social Assistance — Financial help and rehousing
Selectio ensures your lease is compliant and informs you of your rights at every step. In case of problems, you know exactly what to do. Learn more →