Did you know that a landlord cannot just evict you? Only a court of competent jurisdiction can order eviction, especially if you’re having trouble paying rent or other expenses. Find out here how, with the right steps and support, you can prevent an eviction and what to do if it does happen.
What is not allowed?
Only a court of competent jurisdiction may order eviction. In addition a ls you could not pay the rent or expenses right away, the landlord may not simply evict you. If the landlord still wants to go ahead and petition the court, the Justice of the Peace in Flanders notifies the OCMW. They try to mediate and find another way to resolve this.
Eviction for rent arrears
Rent arrears are the most common reason for eviction. If you are behind on your rent and don’t see things working out for a while, you can contact the PCSW for assistance with payments. The PCSW can use the Fund to Fight Evictions for this purpose if it appears that you qualify for a repayment plan. They provide an allowance to the PCSW to support you as a tenant with your arrears. If the landlord would still want to evict you, you can count on protective measures.
If you have entered into a counseling agreement with the PCSW and your landlord, you will be given a repayment plan. If you follow this properly and no new arrears occur, you cannot be evicted.
Eviction does continue
If the judge decides to evict you, you have one month to vacate the property. This can possibly be changed to another term in consultation with your landlord. Make sure you take all your personal equipment with you because otherwise they will place it on the public road at your expense.
Don’t know where to go? Then ask for help from your municipality. They will advise you what to do and where to go.
Tips on preventing eviction
- Communicate: Talk to your landlord about potential problems that could cause eviction.
- Know Your Rights: Be aware of rent laws. These often protect you from unreasonable evictions.
- Seek legal help: If you think your rights as a tenant are being violated, enlist the help of a lawyer or tenants’ association, for example.
- Find alternative housing options: Do you feel that eviction is inevitable? Then start looking for other housing options ahead of time.
So as a tenant, it is crucial to know your rights and act proactively to prevent eviction. Communicate openly with your landlord, seek support from agencies such as the CPAS and be prepared to seek legal help if necessary. Never lose hope and continue to actively seek alternative housing options.
Are you renting out a property and want to evict your tenant? Then read this article.
Source: vlaanderen.be