Can the landlord refuse a replacement co-tenant?
The landlord can refuse a new co-tenant only on reasonable and objective grounds (insufficient income, poor references). An unreasonable or discriminatory refusal can be challenged before the justice of the peace. In some regions, the landlord who refuses without valid reason may remain bound to accept the departing co-tenant’s release.
The general principles:
| Ground for refusal | Reasonable? |
|---|---|
| Insufficient income for rent share | Yes |
| Poor references from previous landlord | Yes |
| Criminal record | Depends on context |
| Nationality, ethnicity, gender | No (discrimination) |
| Family situation, disability | No (discrimination) |
| “I just don’t want them” | No |
Reasonable versus unreasonable grounds
The landlord must apply the same criteria to the replacement co-tenant as they would to any new tenant. They can request the same documents (proof of income, identity, references) and apply the same solvency standards.
Reasonable grounds for refusal:
- Net income below 3 times the rent share
- Negative references from previous landlords
- Inability to provide required documents
- Incompatibility with the property type (e.g., too many occupants for the space)
Unreasonable grounds (prohibited discrimination):
- Race, skin colour, nationality, ethnic origin
- Gender, sexual orientation, gender identity
- Religion or philosophical beliefs
- Disability, health condition
- Age, family status, pregnancy
Anti-discrimination law applies fully to tenant selection in Belgium. Interfederal Centre for Equal Opportunities (Unia) can investigate complaints.
If the landlord refuses a replacement co-tenant without valid reason, the departing co-tenant may remain trapped in the lease. In some regions, the departing co-tenant can apply to the justice of the peace to be released from the lease if the landlord’s refusal is unreasonable.
Procedure for co-tenant replacement
The typical procedure when a co-tenant wishes to leave:
- The departing co-tenant gives notice as per the lease or the shared housing agreement
- They propose a replacement co-tenant to the landlord
- The landlord reviews the candidate’s file (income, references, documents)
- If accepted, an addendum to the lease is signed, adding the new co-tenant and releasing the departing one
- If refused, the departing co-tenant can either find another candidate or challenge the refusal
The shared housing agreement can streamline this process by setting out the replacement procedure in advance.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 provides that the landlord can refuse a replacement co-tenant only on reasonable grounds. If the landlord refuses without valid reason, the departing co-tenant can apply to the justice of the peace to be released.
Walloon Region
The decree of 15 March 2018 provides a similar framework. The departing co-tenant is released from joint liability once a replacement is accepted by the landlord.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 states that the landlord cannot refuse a replacement without a reasonable ground (redelijk motief). The departing co-tenant is released when the replacement signs the lease.
Regional tenancy legislation (shared housing provisions). Anti-discrimination laws (federal law of 10 May 2007). Interfederal Centre Unia (equal opportunities monitoring).