In Belgium, fully subletting a property designated as the main residence is prohibited without the landlord’s written consent. However, the main tenant may sublet part of the dwelling, provided they continue to maintain their primary residence there. This rule applies to residential leases in all three regions.

The tenant must inform the landlord by registered letter, specifying the sub-tenant’s identity and the subletting conditions. The rent charged to the sub-tenant may not exceed the proportional share of the main rent.

Risks and penalties

If the tenant sublets without meeting these conditions, the landlord may request the termination of the lease before the justice of the peace. The main tenant remains fully liable to the landlord for unpaid rent, property damage and compliance with the internal regulations.

In Flanders, the Flemish Housing Rental Decree provides specific provisions. In Brussels, the Brussels Housing Code also governs subletting with habitability requirements for the sublet portion.