UnitDesk

The first missed rent is the cheap one: a Flemish timeline

By UnitDeskPublished

A registered formal notice on day 15 costs a Flemish landlord 9.85 euro; waiting until the third missed month costs three months of rent plus a court file. The postage is bpost’s 2026 tariff for a domestic registered letter, and three months is the arrears level the justice of the peace weighs heavily in practice. Everything in between is a choice about timing, and the timing has a price.

Which letter the law asks for

The Flemish Residential Lease Decree says a lease is dissolved when the tenant fails to meet their obligations, and that a tenant at fault keeps paying rent for the time it takes to re-let (art. 40). It does not say how you get there. That sits in general contract law: Book 5 of the Civil Code lets a creditor dissolve a contract when the other side’s breach is serious enough (art. 5.90), and every one of those remedies must be preceded by a formal notice (ingebrekestelling, art. 5.83). The same notice starts default interest at the legal rate, 4.50% a year in 2026, without you having to prove any damage (art. 5.240). There is no statutory threshold in months. “Serious enough” is the only test, and the consumer organisation Test-Aankoop puts the practical bar at two or three months of arrears.

That is why the registered letter matters more than any other step. It is required before dissolution, it dates the debt, and it fixes the amount you can later prove. bpost delivers it the next working day and, since 2026, a registered item may contain documents only, so the letter is the whole file: the lease, the unpaid months, the total and a deadline.

The timeline in days and euros

Rent of 900 euro a month, due on the first, as an example.

Day Step What it costs you
0 Rent due, nothing arrives Nothing yet
5 Informal reminder by email or message 0 euro
15 Registered formal notice naming the months, the total and a deadline 9.85 euro postage, 11.49 with a receipt slip; interest starts at 4.50% a year, 3.38 euro a month on 900 euro
30 Second month due; propose a written repayment plan 0 euro; Flanders publishes a model agreement in which the OCMW guides the tenant
60 to 90 Two or three months open: ask the justice of the peace for a conciliation Free; a simple request at the court registry
90 and later Claim by petition: payment, dissolution and eviction 50 euro court fee; the parties are summoned within 15 days of enrolment; the registry sends a copy of the petition to the tenant’s OCMW; the judge always tries to conciliate first
Judgment plus one month Earliest eviction, one month after the judgment is served Bailiff costs
5 years Arrears older than this lapse, month by month The months you never claimed

The interest line is small on purpose. On 900 euro the legal rate earns you 3.38 euro a month, so waiting is not compensated by interest. What waiting produces is a larger principal: 1,800 euro after two months, 2,700 after three, against a deposit that the decree caps at three months’ rent and that you cannot touch unilaterally. The deposit account is only released with a written agreement drawn up at the end of the lease at the earliest, or a copy of a court decision (art. 37), and your own claim on it lapses one year after the lease ends.

Write the notice from your records, not from memory

The notice has to name the months and the amount. A landlord who tracks rent in a spreadsheet writes it from a column that was last reconciled when the bank statement was downloaded, and a tenant who paid 600 of the 900 in a month will contest a letter that says the month is unpaid. The judge reads the letter next to the bank statements; when the two disagree, the letter loses.

So the first missed rent is the cheap one for two reasons. The letter is 9.85 euro on day 15 and the same 9.85 euro on day 90, but on day 15 it covers one month and the tenant still has the money. And a notice written from a reconciled ledger survives the hearing; one written from a feeling about who paid what does not.

What UnitDesk records here

Each lease in UnitDesk shows which months are paid, partially paid or open, with the amount per month, because imported bank transactions are matched to the lease. For the notice you copy that list. At the end of the lease you record a deduction from the deposit for unpaid rent, with the reason, so the settlement matches what was still outstanding. UnitDesk does not collect rent; it follows what arrives on your account. The law behind each step is in the guide Tenant not paying rent in Flanders: what to do.

Sources

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