You are the landlord of a commercial property. Your tenant has stopped paying, is causing nuisance, is breaching their obligations, or is endangering your property. You want them out. But how do you handle this correctly from a legal standpoint?
The basic principle: only via the Justice of the Peace
A commercial lease agreement cannot be unilaterally terminated by the landlord, not even in the event of a serious breach by the tenant. To legally terminate the lease, you must apply to the Justice of the Peace (Vrederechter).
This is a deliberate policy choice by the legislator. The Commercial Leases Act protects the continuity of commercial businesses — being able to simply evict a tenant would undermine that protection. The price for this protection is that even an obvious non-payment forces you to initiate court proceedings.
Under the upcoming Book 7 of the Civil Code, this rule is even reinforced. Article 7.3.30 of the preliminary draft provides that a termination clause in favour of the landlord of an immovable property is deemed unwritten. Out-of-court termination by written notice is also excluded for the landlord.
The legal basis: sufficiently serious breach
Under Article 5.90 of the new Civil Code, a bilateral contract can be terminated when non-performance is sufficiently serious, or when the parties have agreed that such non-performance justifies termination.
The Justice of the Peace assesses this seriousness on a case-by-case basis, taking into account:
The duration and extent of the breach
The damage you suffer as landlord
The conduct of both parties (have you issued a formal notice? Has the tenant shown improvement?)
The social impact (loss of employment, closure of a business)
How many months of rent arrears are sufficient?
There is no fixed number. But case law provides indications.
In a notable ruling, the Justice of the Peace of Kortrijk held that four months of rent arrears, combined with six months of arrears on common charges and service costs, in the particular circumstances of the case did not constitute a sufficiently serious breach to terminate the commercial lease (Justice of the Peace Kortrijk, 18 December 2024). The judge granted a payment plan.
Important to remember:
Four months of arrears is therefore not automatically sufficient
The judge looks at the broader context: does the tenant have the means to repay? Was there a temporary difficulty?
The judge may grant payment terms instead of termination
In other cases, six to eight months of arrears were considered sufficient — it strongly depends on the specific facts and the history of the file.
Proving non-payment
Whoever claims that payment has not been made bears the burden of proof in principle. Under Article 8.4 of the Civil Code (rules on burden of proof):
Anyone claiming to have a legal claim against another must prove the legal acts or facts underlying it
Anyone claiming to be released from an obligation (the tenant who says they have paid) must also prove this
In practice this means: as landlord, you must be able to produce your bank statements, formal notices and any prior payments. The tenant must produce proof of payment.
One important caveat: if in an initial reminder or in a later formal notice you do not mention a specific non-payment, this can be used against you. The Justice of the Peace of Antwerp held that a later claim for rent was unfounded because an initial reminder and a formal notice sent a year later still made no mention of that non-payment (Justice of the Peace Antwerp, 23 May 2022).
Practical lesson: always mention all outstanding claims in every reminder. Forgetting = potentially lost.
Other grounds for termination
Non-payment is not the only ground. Other grounds seen in practice:
Damage to the property. If the tenant causes substantial damage and refuses to repair it, this can be a ground for termination. Keep photos, condition reports and expert reports.
Change of use without consent. The tenant uses the property for a different activity than agreed. This can be a serious breach.
Subletting without consent. Unless contractually permitted, subletting without agreement is a breach.
Nuisance and disturbance. If the tenant systematically causes neighbourhood nuisance and the landlord thereby faces a liability risk (Article 3.101 §3 Civil Code), this can be a ground for termination.
Criminal activities on the premises. Drug-related activities, unlicensed prostitution, illegal gambling — all these situations can constitute grounds for termination.
Re-letting compensation
Upon termination attributable to the tenant, you as landlord may claim re-letting compensation. This covers the rent you lose during the period you spend looking for a new tenant.
Under the upcoming Book 7 of the Civil Code, this compensation is enshrined in Article 7.3.31 of the preliminary draft:
"Upon termination of the lease attributable to the tenant, the landlord is, unless proven otherwise, presumed to suffer damage corresponding to the rent for the time reasonably needed to re-let."
This presumption is important: you no longer need to demonstrate that you actually suffer damage. The tenant may rebut the presumption by proving that you quickly found a new tenant or made no serious effort to find one.
The procedure step by step
Step 1: Registered formal notice. Describe the breach precisely. Grant a reasonable period to remedy (typically 14 to 30 days). Indicate that failing compliance, you will have the agreement terminated.
Step 2: Petition to the Justice of the Peace. File a petition with the competent Justice of the Peace (canton where the property is located). Describe the facts and request termination plus eviction.
Step 3: Hearing before the Justice of the Peace. You and the tenant will be summoned. If the tenant fails to appear, a judgment by default may be rendered.
Step 4: Judgment. The Justice of the Peace decides on termination, eviction and any damages.
Step 5: Enforcement by bailiff. With the judgment, a bailiff can serve the tenant with notice to leave voluntarily. If refused, the bailiff can carry out the eviction.
How long does the procedure take?
For undisputed non-payment without opposition from the tenant, a judgment can be obtained within two to four months. In cases of opposition or complex matters (nuisance, liability disputes), the procedure can last from six months to more than a year.
During the procedure, you generally remain bound to the tenant. Partial judgments may be enforceable — for example, an order to pay outstanding rent, separate from the final eviction.
Practical tips for landlords
Avoid long arrears. React immediately at the first non-payment. A tenant who notices that the landlord does not react often continues.
Document everything. Keep every reminder, every formal notice, every acknowledgement of receipt. Photos when entering the property. Statements from neighbours in case of nuisance.
Use registered mail. An ordinary letter or email does not provide sufficient evidentiary value. A registered letter with acknowledgement of receipt is the standard.
Negotiate where possible. A payment arrangement with the tenant is often quicker than a procedure. But formalise the arrangement and include clauses that allow you to still terminate in case of non-compliance.
Engage legal assistance in good time. The legal details of the Commercial Leases Act are complex. A mistake in your approach can cost you your case.
Reius Advocaten in this area
Reius assists landlords in all stages of a non-payment file:
Drafting the appropriate formal notices
Preparation and filing of the petition
Representation at the hearing before the Justice of the Peace
Supervision of the eviction through the bailiff
Recovery of damages and re-letting compensation
We also assist tenants who wish to defend themselves against an unjustified termination claim or who need payment terms.
Would you like a full overview of your position as a commercial tenant or landlord? Read our guide on rights and obligations under commercial leases.