What can you do if your tenant doesn't pay their rent?

As a property owner managing your property, you are more than likely to face challenges, and one of the most difficult to handle is undoubtedly a tenant who fails to pay their rent. To help you navigate this complex situation, OP, a property management expert since 1875, has a practical, detailed guide on the steps to follow.

Understanding local legislation and your contract

The first crucial step is to understand the laws and the contract that govern landlord-tenant relations in your region. You should familiarise yourself with the parties’ obligations, the eviction procedure and the rights and responsibilities of both parties. This will give you the necessary bases for tackling the problem legally and effectively. If you have taken the time to inform yourself, you will not be at a disadvantage if this situation occurs in your rental property.

Communicate professionally

If your tenant is late with their rent, start by communicating with them in a professional manner, before taking any legal steps. The delay in payment might be due to a simple error, forgetfulness or temporary difficulties. In this case, it's best to negotiate an amicable agreement in which your tenant pays you rent during the month in progress, so that they don’t build up arrears. Having a simple chat with your tenant can sometimes solve the tricky problem of unpaid rent, without having to resort to legal measures. However, it’s important to note that the amicable agreement usually contains a debt clearance plan.

If communication is unsuccessful or the rent isn’t paid the next month, don’t hesitate to act by sending a registered letter. The letter acts as a reminder of the late payment, specifying the amount due, the date on which it should have been paid, and the charges and interest in the event of non-payment. The aim is to show the magistrate that you’ve acted as a prudent, diligent owner, attempting to solve the situation amicably before sending a formal notice to your tenant.

Applying to the magistrate

Once you’ve completed these steps, you must apply to the magistrate as soon as possible, as the procedure times can often be lengthy. Only the magistrate has the power to terminate the lease in the event of non-payment of rent, by issuing a ruling.

It can also be a good idea to consult a lawyer specialising in property law to ensure that all the steps you take comply with the law. This will guarantee a fair legal process. The OP teams also work with experts in this area.

Application or summons

Under Belgian law, when you apply to the magistrate, there are two options: a summons via a bailiff or an application that you submit to the magistrate yourself without instructing a lawyer. However, as mentioned earlier, we strongly recommend consulting a lawyer to assist you in these steps, even if you submit an application. Your requests will make more sense to the legal adviser, who will ensure they claim all the compensation, rent and interest to which you are entitled.

A court summons will follow for a hearing with the magistrate. The length of time before the hearing takes place will depend on the court's workload. In general, it should take 15 days to get a date and a further month for the judge to issue the official ruling after the hearing.

Eviction procedure

The judge could order the tenant to vacate the property, but the tenant might refuse to do so. You should therefore instruct a bailiff, who is the only person authorised to evict a tenant. The bailiff will of course work with the law enforcement agencies, removal companies and locksmiths, if necessary. The eviction procedure involves additional steps and costs, so it’s important to follow all the legal procedures to prevent further complications.

What can I do to prevent this situation?

Prevention is better than cure, and this applies equally to managing your tenants. Avoiding the delicate situation of unpaid rent starts with tenant selection. A careful choice right from the start is your first essential life of defence. Being rigorous about your selection process, by carefully assessing the financial background, previous rental references and professional stability of the candidates can considerably reduce risks, but it's not always possible for a private individual.

Entrusting the management of your property to experienced professionals such as OP might be the best way to avoid a complicated situation. OP takes charge of selecting rental candidates, drawing on its experience in this area. Professional rental management also involves meticulous tracking of payments, rapid interventions in the event of delay, and in-depth knowledge of legal procedures. By delegating these responsibilities to experts, landlords can minimise the risks of late payments and potential disputes with tenants.

A complex situation, but manageable with the right allies

As an owner, dealing with a tenant who doesn't pay their rent is a situation that can quickly become complicated. However, by following these steps, you can manage the situation in a professional, legal manner. OP, with its expertise of over a century in managing property, is there to guide you throughout this delicate process. Don't forget that prevention is key, and clear communication from the beginning can often prevent these difficult situations.

To entrust your rental management to true professionals, don’t hesitate to contact OP, your trusted partner in property management since 1875.

Our packages

Our Financial Management Pack (from 3% per month excl. VAT on all payments received) includes lease registration, rent collection and follow-up of unpaid rents and litigation. You can also add the optional rental placement and/or unpaid rent insurance.

Our Property Management Pack (from 8% per month excl. VAT on all payments received) includes all the services included in the Financial Management Pack as well as other benefits:

• Technical management
• Statement of tenant fees
• Reporting to the owner
• Property manager contract
• Quotes and monitoring of works
• Inventory and energy performance certificate appointments
• Accounts payable
• Rental follow-up

And our Serenity Pack (from 12.5% per month excl. VAT on the rent amount) includes all the services included in the previous two packs, as well as unpaid rent insurance and the optional rental placement service.