Section actions
Duration: Full procedure — several months at 1–2 years; winter break suspends winter
Cost: Consultation CCAS/ADIL free of charge; lawyer if necessary (legal aid)
On-site only
Who this guide is for
Section actions
- Indebted contractors who have received a warning
- Those whose landlord threatens expulsion without a court order
- Families in financial difficulty seeking support
To be prepared in advance
Section actions
- All mail from the lessor (order to pay, assignment)
- Evidence of payment or impossibility to pay (reduced, invoiced)
- Contact details of a social worker and welfare associations
Step-by-step procedure
Section actions
- 1Keep calm and know your rights: an illegal expulsion (without a judge or commissioner) is a crime. The lessor cannot cut water/electricity, change locks or empty the premises.
- 2In case of unpaid payments, the lessor sends first a command to pay per Commissioner of Justice. You have one month (unfurnished) to pay or request a delay.
- 3Without a settlement, the lessor shall refer the case to the judge for protection. You receive a subpoena — present yourself, it's your chance to get grace periods.
- 4The judge may impose a schedule and authorize the retention in the premises. If he orders expulsion, a period is granted (often 1 months to 1 year).
- 5After the decision, the lessor uses a Commissioner of Justice for enforcement. You receive a command to leave the place — 2 months to leave voluntarily.
- 6Winter break (1st November – 31 March): not forced eviction during this period, even with a court decision. Unless the dwelling is a secondary residence or a rehousing is proposed.
- 7Without a withdrawal solution, contact the CCAS (social assistance), the prefect (DALO — right to housing), the FSL (social solidarity fund for housing) for housing or financial assistance.
Common mistakes
Section actions
- Ignore the letters of the lessor and the court — the decision will be made without you.
- Do not attend the hearing — you lose the opportunity to get deadlines.
- To leave "voluntaryly" under pressure, without a court decision — you lose the right to rehousing.
- Ignore the winter truce and leave in winter while you were protected.
- Do not apply for the CCAS/FSL — aid exists which remains unused.
Official sources
Section actions
Important remark
The expulsion procedure is complex and depends on many circumstances. This information is indicative — contact associations (ADIL, CCAS) or a lawyer for your case as a matter of urgency.
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