Evictions were suspended by the government during the first lockdown. It’s brought to the attention again during this second lockdown. Both the Brussels and Walloon Regions decided to put evictions back on hold until 13 December 2020. In the meantime, they are not recommended in Flanders. But what exactly does an eviction mean and what exception rules apply today? We are happy to help you and highlight the impact on both the tenant and the landlord (usually the owner).
What is an eviction?
A landlord can appeal to the court if his tenant no longer or only partially pays the rent, neglects the property, causes neighbor quarrels or there is family violence. The justice of the peace will first try to reconcile both parties. Is that not possible? Then the justice of the peace can decide to allow an eviction or expulsion. This means that the tenant has to leave the building.
However, a landlord cannot force the tenant to do this himself. The landlord must engage a judicial officer, who signifies the decision of the justice of the peace (jargon for official handover) to the tenant. During this signification from the judicial officer, the tenant will receive additional information from the judicial officer and solutions can be discussed. From that moment on, the tenant is given a certain period to leave the building. It usually concerns one month, but the justice of the peace can also set a shorter period in exceptional circumstances.
Once that period has expired, the judicial officer will proceed to the effective eviction. This is done in collaboration with the local municipal officials and the police. If necessary, a locksmith is also called in to enter the building. Did the tenant leave anything behind? In that case, the judicial officer will draw up a list of all the goods. The items are then sent to the location that the tenant prefers. Did the tenant not choose a location? Then the municipality will keep these items until the tenant can collect them. The maximum retention period is six months.
After the judicial officer has release the building, the landlord can re-enter his property.
When can an eviction still be executed?
In the Brussels and Walloon Regions, evictions have been suspended until 13 December, 2020. Nevertheless, there are some exceptions. For example, companies can be evicted from their premises, as well as persons who have another place of residence in Belgium. Expulsions for urgent reasons can also continue. Consider, for example, a serious or immediate danger to the safety of the residents and/or public safety. Urgent evictions due to, for example, family violence remain possible. If you, as a landlord, can prove that your property is no longer inhabited, you can also have an eviction carried out to regain access to it.
The Flemish offices of Modero also use this approach. In these difficult times, mediation is more important than ever. In addition, we seek as many solutions as possible without endangering the health of our employees and customers.
How can you prevent eviction?
In Flanders, approximately 12.000 evictions are granted annually by the court because of back rent. De Tijd reported that only 3.600 evictions or 30 percent are effectively carried out annually. As a tenant, it is important to understand the nature of your financial problems.
Do you have short-term financial problems? Then you can discuss a temporary payment postponement or installment plan with your landlord. The judicial officer is ready to mediate between both of you and to facilitate this solution.
Do you have structural financial problems? Then it is best to seek professional help as soon as possible. This can be done through the Public Center of Social Welfare (OCMW in Flanders, CPAS in Wallonia), but many tenants are not aware of this or do not ask for their help our of shame. In 2016, it turned out that in no less than 68 percent of evictions, the tenant did not yet have an active file with the Public Centre of Social Welfare. However, they could have received help, such as budget management or a collective debt settlement. Please note, it is not the task of the Public Centre of Social Welfare to find a new home for the tenant. They only offer guidance in the search for a solution.
In Flanders, you can also appeal to the Fonds ter bestrijding van Uithuiszettingen (Fund to prevent evictions) through the Public Centre of Social Welfare. For example, the landlord already receives part of the overdue rent, while the tenant draws up a realistic payment plan in collaboration with the Public Centre of Social Welfare.
What costs are associated with an eviction?
Are you faced with eviction as a tenant? Then the costs can quickly add up. You are liable for overdue rent as well as legal costs. If you do not leave and vacate the building on time, you will also be charged for the removal and safekeeping of your belongings. Therefore, try to vacate the property in time and hand over the key.
Have you had executed an eviction as a landlord? There is a chance that you will find your property in a bad condition. You can have this damage assessed by your judicial officer. The costs you incur to refurbish the property can be deducted from your rental guarantee. Is this not sufficient? Then you can reclaim both the overdue rent and the remaining costs from your former tenant. Fortunately, as a landlord, you are a privileged creditor. This means that the goods left behind by the tenant can be seized by the judicial officer. The proceeds will be used to pay your overdue rent. Nevertheless, you as a landlord can face an uncertain waiting period, because the proceeds from those goods are usually too low to fully cover your rent back rent. Therefore, always have a solvency investigation carries out before you initiate long and expensive legal proceedings against your former tenant.
What impact does an eviction have?
Eviction can be a heavy financial and mental burden for both parties.
The tenant loses his home and sees his mountain of debt increase rapidly. It is also becoming more difficult for the tenant to be able to rent on the private rental market, while there are long queues for the social rental market.
In the meantime, in many cases the landlord is left with a financial hangover. Because although only 30 percent of evictions are actually carried out, that does not mean that 70 percent of the landlords collect their overdue rent. They often do not see this lost income again because their former tenants are struggling with a lot of debt.
That is why it is important that debt is no longer a taboo. The sooner one dares to discuss debt, the faster one can get targeted help. This way we can avoid financial and social drama for both tenants and landlords. Housing mediation almost always comes too late. Let’s change that together and actively reduce costs for all involved!
Do you, as a tenant, still have questions? In Flanders you can contact the tenants’ association or Wonen in Vlaanderen. In Brussels you can contact Wonen in Brussel or logement.brussels. In Wallonia you will find more information at Portail sur le surendettement de Wallonie.
Do you, as a landlord (or owner), still have questions? In Flanders you can contact the Verenigde Eigenaars or Wonen in Vlaanderen. In Brussels you can contact Wonen in Brussel or logement.brussels. In Wallonia you will find more information at Vivre en Wallonie.
Modero is happy to help all parties involved. Do not hesitate to contact us via info@modero.be or 03 237 37 37.