The landlord cannot enter without consent
No. The landlord cannot enter the rented property without the tenant’s prior consent. The right to peaceful enjoyment is a fundamental tenant right under Article 1719 of the Civil Code. Entry without consent can constitute trespass (violation de domicile). The only exception is a genuine emergency.
Key principles:
- The tenant has exclusive use of the property during the lease
- The landlord must request access in advance
- The tenant must consent to each visit
- A spare key held by the landlord is for emergencies only
- Entering without consent is a criminal offence (Article 439 Criminal Code)
Legitimate reasons for access
The landlord may request access for: urgent or scheduled repairs, mandatory inspections (gas, electricity), property visits for sale or re-letting, and annual property inspections if provided for in the lease. The tenant should not unreasonably refuse.
| Reason | Legitimate? | Notice required |
|---|---|---|
| Scheduled repairs | Yes | 24-48 hours |
| Emergency repairs | Yes (no prior consent needed) | None |
| Mandatory inspection | Yes | Reasonable notice |
| Sale or re-letting visits | Yes (during notice period) | As per lease clause |
| Annual inspection | If in lease | As per lease |
| ”Just checking” | No | N/A |
| Suspicion of misuse | No (apply to court) | N/A |
Even if the landlord has a legitimate reason, they cannot force entry. If the tenant refuses, the landlord must apply to the justice of the peace for an order. Self-help (forcing entry, changing locks) is prohibited.
What if the landlord enters without consent?
If the landlord enters without the tenant’s consent outside a genuine emergency:
- Criminal liability: entering without consent constitutes violation de domicile / huisvredebreuk under Article 439 of the Criminal Code, punishable by imprisonment and fines
- Civil liability: the tenant can claim damages for violation of peaceful enjoyment
- Lease consequences: repeated violations can justify termination of the lease at the landlord’s expense
- Evidence: the tenant should document the unauthorised entry (photos, witness statements, police report)
The tenant can file a police complaint and/or apply to the justice of the peace for an injunction and damages.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 reinforces the tenant’s right to peaceful enjoyment. Brussels courts take violations seriously and may award significant damages.
Walloon Region
The decree of 15 March 2018 protects the same right. Walloon case law is consistent with federal principles on tenant privacy.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 expressly protects rustig genot. The Flemish Region takes tenant privacy seriously.
Article 1719 of the Belgian Civil Code (peaceful enjoyment). Criminal Code, Article 439 (trespass / violation de domicile). Article 8 ECHR (right to respect for private life and home).