The landlord’s freedom to choose a tenant
Yes, a landlord can refuse a tenant on objective grounds (insufficient income, poor references, incomplete file). However, refusal based on protected characteristics (ethnicity, disability, family status, religion, sexual orientation) is prohibited discrimination under Belgian law and can lead to criminal and civil sanctions.
| Refusal ground | Legitimate? |
|---|---|
| Income below 3x rent | Yes |
| Poor references from previous landlord | Yes |
| Incomplete file (missing documents) | Yes |
| Already found another tenant | Yes |
| Race, ethnicity, nationality | No (discrimination) |
| Disability | No (discrimination) |
| Family status, children | No (discrimination) |
| Religion, beliefs | No (discrimination) |
| Sexual orientation, gender | No (discrimination) |
| Source of income (social benefits) | No (in most regions) |
Legitimate versus discriminatory refusal
Apply the same objective criteria to all candidates: income level (typically 3x rent), employment stability, references, completeness of file. Document your selection criteria and apply them consistently.
Legitimate selection criteria:
- Income: net monthly income of at least 3 times the monthly rent is a common benchmark
- Employment: stable employment or reliable income source
- References: written references from previous landlords
- Complete file: provision of all required documents
- Property suitability: number of occupants appropriate for the property size
Refusing a tenant because they receive social benefits (CPAS/OCMW income) is increasingly considered discriminatory. Several Belgian courts have ruled that the source of income cannot be a ground for refusal if the amount is sufficient.
Anti-discrimination rules in housing
Belgian anti-discrimination law (federal law of 10 May 2007) applies to housing. Key points:
- Protected criteria: race, nationality, disability, age, sexual orientation, gender, religion, family status, social origin, wealth, political beliefs
- Direct discrimination: refusing explicitly based on a protected criterion
- Indirect discrimination: applying a neutral criterion that disproportionately affects a protected group
- Testing: anti-discrimination organisations (Unia, regional centres) conduct situation testing to detect discrimination
- Sanctions: civil damages, criminal fines, publication of the judgment
If a refused candidate suspects discrimination, they can file a complaint with Unia or the regional equal opportunities body. The burden of proof is partly reversed: once the candidate establishes a presumption of discrimination, the landlord must prove that the refusal was based on legitimate grounds.
Regional specificities
Brussels-Capital Region
The Brussels Region has an active anti-discrimination housing policy. Situation testing is conducted regularly. The Brussels housing code includes specific anti-discrimination provisions.
Walloon Region
The Walloon decree of 15 March 2018 includes anti-discrimination provisions for tenant selection. The Walloon Region cooperates with Unia for enforcement.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 explicitly prohibits discrimination in tenant selection. The Flemish Region conducts its own situation testing through the Vlaamse Ombudsman.
Federal anti-discrimination law of 10 May 2007. Federal anti-racism law of 30 July 1981. Regional tenancy legislation (non-discrimination provisions). EU Equal Treatment Directives.