Only a justice of the peace can authorise an eviction in Wallonia. The landlord files a petition or summons, the judge attempts conciliation and then rules, and a bailiff serves the judgment. Physical eviction can take place at the earliest one month after the judgment is served, and the CPAS is notified.
A landlord in Wallonia can never evict a tenant on their own authority; changing the locks or removing belongings is unlawful. Eviction requires a decision of the justice of the peace (juge de paix) of the district where the property lies, which has exclusive power to authorise it (droitsquotidiens.be, 2026). This judicial monopoly is the core protection for tenants.
The procedure usually starts by petition (requete), which is cheaper, or by a joint petition if both parties agree; a summons (citation) served by a bailiff is required where there is no written lease and costs more (droitsquotidiens.be, 2026). Both parties are then called to a hearing where the judge first tries to conciliate them and find an agreement, for example a payment plan for arrears. Only if that fails does the judge rule, typically authorising eviction where at least around two months rent is unpaid.
If eviction is granted, the landlord instructs a bailiff (huissier de justice) to formally serve the judgment on the tenant. From that service, the law imposes a waiting period: the eviction can be carried out at the earliest one month after the judgment is served, and the tenant receives at least a few days advance warning of the actual date (droitsquotidiens.be, 2026). The CPAS (public social welfare centre) is notified so it can offer support, unless the tenant objects.
The counter-intuitive lesson for landlords is that speed comes from doing it properly. Self-help eviction not only fails, it exposes the landlord to liability, while a clean court file with a solid lease, registration and entry inventory moves faster through the justice of the peace. Brussels and Flanders follow broadly similar judicial routes but with their own procedural details, so local advice matters.
At a glance
- Authority: justice of the peace of the property’s district only
- Start: petition (cheaper) or summons by bailiff (no written lease)
- Conciliation: the judge first tries to reach an agreement
- Common ground for eviction: around two months rent unpaid
- Judgment served: by a bailiff (huissier de justice)
- Minimum delay: eviction at earliest one month after service
- Advance warning: at least a few days before the actual date
- CPAS: notified to offer support, unless the tenant objects