Procedural pitfalls in real estate litigation: key lessons from the Justice of the Peace

Two decisions from the Justice of the Peace provide guidance on procedural rules for real estate litigation in Belgium. They highlight essential requirements for owners seeking to evict tenants or unknown occupants from their property.

• Under the Brussels Housing Code, landlords must serve formal notice on the tenant and attach proof of this notice to the court summons when seeking eviction. Failure to do so renders the claim inadmissible.
• If an owner wishes to evict squatters from its property, unilateral eviction petitions are admissible only where no occupants of the property can be identified. Where any occupants are identified or can be identified, adversarial proceedings are required, failing which the claim will be declared inadmissible.

Find out more in our publication.

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