My tenant does not pay the rent... What can I do?

My tenant does not pay the rent... What can I do?

My tenant does not pay the rent... What can I do?

You have not received the rent you are supposed to collect each month? Unfortunately, this is a common problem for many landlords. This is especially worrying when they rely on this funding for other expenses. Our advice on how to deal with this situation...

First option: Dialogue

First of all, talk to your tenant to better understand the situation. It is possible that this is an incident beyond their control. Informing them of this can solve the problem easily and as quickly as possible.

If there is no convincing response to this exchange, or if the problem persists, you will need to send a summons. This notice should be sent by post with a delivery receipt.

Terminate the lease

If no conciliation is possible, you will have to evict your tenant. When drawing up the rental contract, it is a good idea to include a resolutory clause which states that the lease will be terminated automatically if the rent and utilities remain unpaid on the agreed dates. You can therefore terminate the lease if this clause is included in the contract.

If this is not the case, you will be obliged to summon your tenant before the district court with the help of a bailiff.

Exceptional cases following COVID-19

For many tenants, paying their rent on time was a real headache due to the national lockdown in 2020. As a result, the government decided to amend the law regarding landlords and tenants, stipulating that "[... ] where rent has not been paid for the months of March 2020, April 2020, May 2020, June 2020, July 2020, August 2020 and such other subsequent month as may be prescribed, this shall not constitute a breach of the tenancy agreement, provided that the rent for March 2020, April 2020, May 2020, June 2020, July 2020, August 2020 (and such other subsequent month as may be prescribed) is fully paid in instalments by 31 December 2021 or such other date as may be prescribed".

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