My landlord enters my home without warning: how I put a stop to the intrusions
Nadia, a tenant in Brussels, shares how her landlord entered the apartment in her absence. Trespass, steps taken and resolution in 5 weeks.
- 01 The suspicions
- 02 The evidence
- 03 The confrontation
- 04 The resolution
- 05 Lessons learned
January 2025 — the suspicions
I have been renting a 1-bedroom apartment on the 2nd floor of a building in Schaerbeek since September 2024. Rent: 850 EUR including charges. My landlord, Mr Janssens, 62, lives on the ground floor of the same building. He owns all 4 apartments. A residential lease of 3-6-9.
On 12 January, coming home from work, I found an object moved in my living room. A photo frame I always place to the right of the TV was on the left. Paranoid? Perhaps. But on 19 January, the same scenario: my shoes in the hallway were arranged differently, and a smell of tobacco hung in the corridor — I do not smoke.
Doubt set in. Mr Janssens has a spare set of keys, provided at the signing of the lease “in case of emergency.” I began to wonder whether he was entering my apartment while I was at work.
January-February 2025 — the evidence
On 25 January, I bought a connected indoor camera for 89 EUR. Discreet, placed on a living room shelf, it sends me a notification on my phone with every motion detection.
On 28 January, at 2:12 pm, notification: Mr Janssens enters my apartment with his spare keys. He stays 7 minutes. He checks the living room radiator, opens the kitchen window, then leaves. No emergency. No warning. No consent from me.
On 9 February, second filmed visit: 11 minutes. This time, he inspects the bathroom and the water meter. Again without warning.
Article 15 of the Belgian Constitution is clear: “The home is inviolable; no domiciliary visit may take place except in the cases provided for by law and in the manner prescribed by law.” The landlord has no right of entry to the rented property without the tenant’s consent.
February 2025 — the confrontation
On 10 February, I sent a formal notice by registered letter to Mr Janssens. Firm tone, precise facts:
- Two filmed intrusions (dates, times, durations)
- Reminder of Article 15 of the Constitution and Article 439 of the Penal Code (trespass)
- Demand for immediate cessation
- Announcement of lock change
- Mention of the possibility of filing a complaint if the intrusions continued
Mr Janssens called me on 12 February, defensive: “I was just checking that everything was fine in the apartment, it is my property after all.” I calmly explained that no, during the lease, it is my home, not his property. He can inspect the property, but only with my prior agreement and on a date agreed together.
On 18 February, I had the lock changed by a locksmith. Cost: 145 EUR. I kept the old lock to reinstall at the end of the lease.
March 2025 — the resolution
On 1 March, Mr Janssens proposed a meeting. He acknowledged his wrongs and apologised. He explained that he had always done this with his previous tenants, that nobody had ever complained. “That’s how I’ve been doing it for 20 years.”
We signed a written agreement on 15 March:
- Mr Janssens undertakes not to enter without my prior written consent (text message, email)
- For technical visits (boiler, meters), a minimum of 48 hours’ notice is required
- I undertake to facilitate access for legitimately necessary interventions
- In case of emergency (leak, fire), the building manager is authorised to access with the spare keys held by the building manager — not by Mr Janssens
Since this agreement, no intrusions. The lease was supplemented by this addendum, and relations have returned to normal.
What I learned
This experience reminded me that knowing your rights means being able to enforce them. Three lessons:
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Trust your intuition. If something seems out of place in your home, it probably is. A 89 EUR camera gave me irrefutable evidence in 2 weeks.
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The inviolability of the home is non-negotiable. Many landlords genuinely believe they have the right to enter “their property.” This is wrong. The lease transfers exclusive enjoyment of the property to the tenant. The landlord loses their right of access.
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A registered letter before a complaint. I could have filed a complaint directly (trespass is a criminal offence). But the formal notice was sufficient. A credible threat is more effective than the proceedings themselves in 90% of cases.
For other tenant testimonials: My landlord will not make repairs, My landlord refuses to return the deposit and My landlord wants to increase charges retroactively.
- “**Document every intrusion with tangible evidence.** An indoor camera (100 EUR), a door-opening detector or even a simple hair stuck to the door frame can prove unauthorised entries.
- “**Send a formal notice by registered letter from the first intrusion.** Do not let the situation become established. The inviolability of the home is a constitutional right, not a favour from the landlord.
- “**Change the lock if necessary, but inform the landlord.** As a tenant, you can change the lock at your own expense to protect your home. You must inform the landlord but do not need their prior consent.
Week-by-week timeline
Frequently asked questions
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No. Once the lease is signed, the property is the tenant's home, protected by Article 15 of the Belgian Constitution. The landlord may only enter with the tenant's explicit consent, except in a serious emergency (water leak, fire). Even for repairs, the landlord must obtain the tenant's prior agreement.
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The law does not prohibit the landlord from keeping a spare set of keys, but they may under no circumstances use them to enter without the tenant's consent. In practice, many landlords keep a spare set for emergencies. The tenant may require them to be deposited with a trusted third party (building manager, neighbour).
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Unauthorised entry into the tenant's home constitutes trespass under Article 439 of the Belgian Penal Code. The landlord risks a prison sentence of 15 days to 2 years and a fine. The tenant may also claim damages before the justice of the peace.
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Yes, the tenant may change the lock to protect their home. They must inform the landlord of the change and restore the original locks at the end of the lease. The cost of the change is borne by the tenant. Some leases contain a clause requiring a spare key to be provided to the landlord, but this clause is contestable.
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