My tenant sublet without permission
Vincent, a landlord in Saint-Josse, discovers his tenant has been subletting the flat on Airbnb. 87 listings, EUR 14,000 in undeclared income. Timeline and resolution.
- 01 The discovery
- 02 The evidence
- 03 The confrontation
- 04 The judgment
- 05 Lessons learned
January 2025 — the discovery
I have owned a 2-bedroom flat in Saint-Josse-ten-Noode since 2020. My tenant, Alexandre, 32, a digital marketing consultant, has been living there since May 2023 on a 3-6-9 residential lease. Rent: EUR 950 per month. A correct tenant, never late with payment.
On 15 January 2025 my downstairs neighbour called me. She had noticed a “parade of suitcases” in the corridor in recent months: different people every weekend, sometimes during the week. She searched Airbnb and found my flat. The listing had been online since May 2024, with 87 positive reviews.
I checked myself: photos of my living room, my kitchen, my bathroom. It was indeed my flat. Listed price: EUR 95 per night. Calendar almost fully booked for 8 months.
Your landlord insurance policy covers a declared tenant, not passing tourists. If an Airbnb sub-tenant causes a fire or water damage, your insurer could refuse to pay out. Check your policy immediately.
January 2025 — building the case
Before contacting Alexandre, I put together a solid file:
- Airbnb listing screenshots: photos, description, price, availability calendar, 87 reviews
- Estimated income calculation: 87 bookings x 1.5 nights on average x EUR 95 = approximately EUR 12,400 minimum. In reality, with longer bookings, the total was probably around EUR 14,000
- Lease check: Article 7 expressly prohibits “any total or partial subletting without the landlord’s prior written consent”
- Planning check: in Brussels, tourist accommodation requires registration with Brussels Economy and Employment. Alexandre obviously had no registration number
On 22 January I sent a formal notice by registered letter:
- Finding of unauthorised subletting
- Citation of Article 7 of the lease
- Demand for immediate cessation of Airbnb activity
- Notice to remove the listing within 10 days
- Statement that failure to regularise would lead to application to the justice of the peace
If you suspect Airbnb subletting, a bailiff can carry out a report by booking a night on the platform themselves. This report constitutes irrefutable evidence before the judge. Cost: approximately EUR 250.
February 2025 — the confrontation
On 5 February I summoned Alexandre to a meeting at my office. He arrived relaxed. When I placed the screenshots on the table, his face changed.
His explanation: he travels a lot for work (2 to 3 weeks per month) and was “monetising” the flat during his absences. He saw no problem: “The flat is always clean, the rent is always paid.”
I explained the problems:
- Breach of lease: total subletting without written consent
- Breach of the Brussels ordinance: tourist accommodation without registration
- Insurance risk: damage by sub-tenants is not covered
- Accelerated wear: 87 tenants in 8 months causes far more wear than a single occupant
I offered him a way out: immediate removal of the listing, written commitment not to sublet again, and we draw a line under it. Alexandre refused. He believed he had the right to “do what he wanted in his home”. Except it is not his home — it is mine.
On 20 February I applied to the justice of the peace of Saint-Josse for termination of the lease at the tenant’s fault, based on Article 1729 of the Civil Code (breach of the tenant’s obligations).
April 2025 — the judgment
The hearing took place on 25 March. Alexandre, represented by a lawyer, argued the subletting was “partial” since he kept his belongings in the flat. The judge was not convinced: the Airbnb listing offered the entire flat, not a room. Alexandre was not present during the lettings. It was clearly total subletting.
On 10 April the justice of the peace pronounced termination of the lease at Alexandre’s fault:
- Lease terminated effective 30 April 2025
- Alexandre ordered to pay procedure costs (EUR 285)
- Occupancy fee due until actual departure
Alexandre vacated the flat on 28 April. The exit inventory revealed more wear than expected: stained mattress, entrance door lock damaged by the constant key turnover, marks on the walls. EUR 750 in restoration, deducted from the rental deposit.
Factual summary: 12 weeks of proceedings. Lease terminated. EUR 750 in repairs covered by the deposit. The flat was relet in June with a new lease agreement containing a reinforced Airbnb clause.
What I learned
Three lessons for any landlord facing unauthorised subletting:
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Search Airbnb/Booking for your address once a year. It takes 5 minutes and can save you 8 months of unauthorised subletting. Also ask your neighbours to alert you if they notice an abnormal rotation of occupants.
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The lease clause is not enough: add consequences. My lease prohibited subletting, but without mentioning automatic termination in case of breach. I now add a specific clause: “Any unauthorised subletting constitutes grounds for immediate lease termination, without prejudice to damages.”
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Check your landlord insurance. Contact your insurer and verify whether your policy covers damage caused by undeclared sub-tenants. Most policies do not. For more serene rental management, a rental management software centralises alerts and tracking.
Other real-life cases: The tenant left without notice and My tenant has an unauthorised pet.
- “**Include an explicit subletting prohibition clause in the lease.** The law already prohibits total subletting without consent, but a clear clause in the lease strengthens your position and removes any ambiguity.
- “**Monitor short-term rental platforms.** An Airbnb search by address or neighbourhood takes 5 minutes. Do it once or twice a year. This is often how landlords discover the problem.
- “**Act quickly: every day of subletting is a risk.** Insurance risk (damage by sub-tenants is often not covered), planning risk (in Brussels, tourist lettings are regulated), and tax risk (the income is in your tenant's name, not yours).
Week-by-week timeline
Frequently asked questions
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No. In the Brussels Region, total subletting is prohibited without the landlord's written consent. Partial subletting (one room) is permitted if the tenant retains their main residence in the property. Tourist letting via Airbnb is considered total subletting if the tenant is not present.
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The landlord faces insurance problems (damage by undeclared sub-tenants is not covered), planning sanctions (in Brussels, tourist accommodation requires prior registration), and accelerated wear on the property due to the rotation of occupants.
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The landlord cannot directly claim Airbnb income. However, they can seek damages for the harm suffered (accelerated wear, insurance risk, breach of lease) and obtain termination of the lease at the tenant's fault.
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In Brussels, tourist accommodation is subject to the Ordinance of 8 May 2014. The host must register with Brussels Economy and Employment and obtain a registration number. Without this registration, the activity is illegal and subject to fines.
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