Due to the corona crisis, evictions in the Brussels and Walloon Regions are suspended until 13 December 2020. In Flanders, they are just not recommended. However, there are exceptions and therefore evictions may still take place. Last week we already discussed what eviction is, what actions can be taken and what costs are involved for both tenant and landlord (usually owner). Today Modero will give you a look behind the scenes and and highlight the human side of this procedure.
Eviction during corona: keep it safe
In the Brussels and Wallon Regions four different evictions can still take place: the eviction of companies, of persons with a different place of residence in Belgium, when you, as a landlord, can prove that the property is uninhabited or evictions for urgent reasons. Consider, for example, a serious or immediate danger to the safety of the residents and/or the public safety. Although the Flemish Region only advises against evictions, the Flemish offices of Modero nevertheless follow the stricter guidelines and only execute evictions in situations as mentioned above.
Some extra security rules currently apply to these evictions. For example, everyone present must wear a face mask and keep a sufficient distance from each other. In addition, eviction is also executed in a time-efficient manner and it is recommended to ventilate the building during the execution. This is in order to optimally avoid a possible spread of the disease. After all, not only the judicial officer is present during an eviction. A municipal official, police officer and locksmith are also sometimes present.
Also confrontational for judicial officers
It’s the judicial officer’s job to make everyone aware of their rights and obligations and to adhere to them. For example, we know that the landlord himself can also get into financial problems if the rental income is not received for too long. Yet evictions remain confronting time and time again.
It often happens that tenants ignore our letters, visits and the lengthy procedure. When we come to execute the effective eviction, they are shocked and are not prepared. At that point, we still have to ask them to leave the building. Of course, we still try to guide them as best as we can by listening to their circumstances and referring them to aid agencies, such as the local Public Centre of Social Welfare (PCSW – OCMW in Flanders, CPAS in Wallonia). Nevertheless, we must also ask the tenants to fill a backpack with some essential items, because the eviction cannot be stopped. We therefore draw up a list of belongings that they leave behind. The tenants can opt to have these items delivered elsewhere by the moving team (for example at their families) or to collect the items themselves later in the depot of their municipality. The municipality will keep it for a maximum of 6 months and will charge a fee for it.
As a judicial officer, you come across all kinds of situations. We see well-maintained homes where the tenant left the key on the table, but also dirty, demolished buildings that squatters provided with dangerous booby traps. Sometimes, we also see clearly what problems the tenant is facing when it comes to a tenant with Alzheimer’s or an alcohol, drug or purchase addiction. We always try to refer people with such problems to the best aid. Especially when children become victims of an unsafe or poor living environment, we do everything we can to find an appropriate solution.
The social task of a judicial officer is hardly discussed in public opinion, but it is nevertheless an essential part of our office. We therefore hope that tenants will soon become aware of this and will discuss their problems with us. This way we can find a solution faster. Everyone benefits from that.
Judicial officers are always looking for a solution. Contact us!
An eviction or expulsion does not just happen overnight. It is a long procedure. As a judicial officer, we try to reconcile the tenant and the landlord. We are always ready with advice for all involved. For example, Modero tries to find a payment solution before an effective eviction has to take place. We examine the tenant’s solvency using the Solid-score and discuss a realistic payment plan based on that result. We also refer tenants to assistance agencies such as the local PCSW, CAW or One.
Finding an appropriate solution is not always possible. On the one hand, few tenants respond to our letters. On the other hand, the accumulated debt can already be sky high and a realistic payment plan is no longer possible. Therefore, always contact the judicial officer as soon as possible. Finally, the eviction may also be granted for urgent reasons, such as due to family violence for example.
However, payment problems can often be solved if you call for help in time. That is why it is important that debt is no longer a taboo. The sooner one dares to discuss debts, the sooner they will receive targeted help. This way we can avoid financial and social dramas for both tenants and landlords. AT the moment, housing mediation almost always comes too late. Let’s change that together and actively reduce costs for everyone 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.