The Eviction Notice Non Payment Of Rent is a critical legal document used in the Belgian residential and commercial rental market when tenants have defaulted on their rent payments. It serves as the formal commencement of eviction proceedings under Belgian law, requiring strict adherence to federal and regional housing regulations. The document must include specific elements such as detailed payment default information, notice periods, and mandatory social welfare notifications to CPAS/OCMW. It's essential to note that Belgian law provides strong tenant protections, and the notice must account for regional variations in housing regulations across Brussels, Wallonia, and Flanders. The document should be used only after informal attempts to resolve payment issues have failed and must be served in accordance with legal requirements, including consideration of seasonal restrictions (such as winter eviction moratoriums) and social welfare provisions.
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1. Landlord Details: Full legal name and address of the landlord or property management company
2. Tenant Details: Full legal name(s) and current address of all tenants on the lease
3. Property Information: Complete address and description of the rental property
4. Lease Reference: Details of the original lease agreement including date of signature and key terms
5. Payment Default Details: Specific amounts owed, including breakdown of rent and other charges, with relevant dates
6. Legal Grounds: Citation of relevant Belgian legal provisions and lease terms being enforced
7. Notice Period: Clear statement of the notice period and final date by which the tenant must vacate
8. Payment Instructions: Details of how outstanding amounts can be paid to remedy the situation
9. Legal Consequences: Description of legal actions that will follow if the notice is not complied with
10. Date and Signature: Formal dating and signature block for landlord or authorized representative
1. Previous Notifications: Reference to any previous warnings or notices sent regarding the rent arrears, used when there has been prior communication
2. Payment History: Detailed history of missed payments and partial payments, included when there is a complex payment history
3. Social Services Notice: Information about notification to CPAS/OCMW, required in certain Belgian regions
4. Mediation Offer: Proposal for mediation or payment plan arrangements, included when the landlord is open to alternatives
5. Property Inspection: Details about final property inspection arrangements, included when specific arrangements need to be made
6. Winter Period Protection: Special provisions if the notice period extends into the winter protection period, required seasonally
1. Schedule 1 - Rent Arrears Calculation: Detailed breakdown of all unpaid rent and charges
2. Schedule 2 - Payment History: Complete record of payments received and missed payments
3. Schedule 3 - Correspondence Log: Copies of previous communications regarding rent arrears
4. Appendix A - Original Lease Agreement: Copy of the relevant sections of the lease agreement
5. Appendix B - Legal Rights Information: Standard information sheet on tenant rights and legal assistance resources as required by Belgian law
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