Eviction for unauthorised subletting
If the lease prohibits subletting and the tenant sublets without authorisation, the landlord can apply to the justice of the peace for lease termination and eviction. This is considered a serious breach. However, the landlord cannot evict on their own — a court order is always required.
The legal framework:
| Situation | Landlord’s options |
|---|---|
| Lease prohibits subletting + tenant sublets | Seek termination and eviction via court |
| Lease silent on subletting + partial sublet | Generally permitted, no grounds for eviction |
| Lease silent + total sublet of dwelling | Prohibited, grounds for termination |
| Lease authorises subletting | No grounds for action |
Procedure for the landlord
The landlord must: 1) gather evidence of the unauthorised subletting, 2) send a formal notice demanding the tenant cease subletting, 3) if the tenant does not comply, apply to the justice of the peace for lease termination, and 4) obtain a court order before any eviction.
Step-by-step:
- Gather evidence: witness statements, photos of additional occupants, mailbox names, advertisements on subletting platforms
- Send a formal notice: by registered letter, demanding that the subletting cease within a reasonable period (15-30 days)
- Apply to the justice of the peace: if the tenant does not comply, file for lease termination
- Court hearing: the judge assesses the seriousness of the breach and may grant termination
- Eviction order: if termination is granted, the court sets a deadline for the tenant to vacate
The landlord must never attempt to evict the tenant themselves (changing locks, cutting utilities, removing belongings). This is illegal and can result in criminal charges and substantial damages. Only a court order executed by a bailiff constitutes a lawful eviction.
When subletting is permitted
Subletting in Belgium follows these general rules:
- Partial subletting (one room while the tenant occupies the rest): generally permitted unless the lease explicitly prohibits it
- Total subletting (tenant moves out and sublets the entire property): generally prohibited for primary residence leases
- Lease authorisation: the lease can expressly authorise or prohibit subletting
- Landlord’s consent: even where subletting is permitted, the landlord’s consent may be required by the lease
If the subtenant is in good faith (did not know the subletting was unauthorised), they may have a right to reasonable notice before leaving, even though the primary lease is terminated.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 generally prohibits total subletting for primary residence leases. Partial subletting is subject to the lease terms. Brussels courts can grant termination for serious breach.
Walloon Region
The decree of 15 March 2018 follows similar principles. The Walloon decree restricts subletting of the entire dwelling and allows the justice of the peace to terminate the lease in case of unauthorised subletting.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 prohibits total subletting of the primary residence. Partial subletting is possible with the landlord’s consent. Unauthorised subletting is grounds for lease termination.
Article 1717 of the Belgian Civil Code (subletting). Regional tenancy legislation (restrictions on subletting). Judicial Code (eviction procedure before the justice of the peace).