Partial subletting vs total subletting
Partial subletting (one room while you still live there) is generally permitted unless the lease prohibits it. Total subletting (vacating and subletting the entire property) is generally prohibited for primary residence leases. The main tenant remains fully liable towards the landlord regardless.
| Type | Permitted? | Condition |
|---|---|---|
| Partial sublet (you stay) | Generally yes | Unless lease prohibits it |
| Total sublet (you leave) | Generally no | Prohibited for primary residence |
| Short-term sublet (Airbnb) | Depends | Regional rules apply |
| Student sublet during holidays | Depends | Check lease terms |
Conditions for lawful subletting
For lawful partial subletting: the lease must not prohibit it, the subletting portion must remain your primary residence, you must continue to occupy the rest of the property, and the subtenant must use it as their primary residence too.
Before subletting:
- Check the lease: look for subletting clauses. A prohibition must be expressed, not implied
- Inform the landlord: even if not legally required, informing the landlord is good practice
- Draft a sublease: a written contract between you and the subtenant
- Respect the limits: the sublease cannot grant more rights than the main lease
- Rent limitation: you cannot charge the subtenant more than the proportional share of your rent
Subletting without authorisation when the lease prohibits it is a serious breach that can lead to eviction. The landlord can apply to the justice of the peace for lease termination.
Liability of the main tenant
The main tenant’s position when subletting:
- Fully liable to the landlord: rent, maintenance, damage — the main tenant remains responsible for everything, as if they occupied the entire property
- No direct relationship: there is no legal relationship between the landlord and the subtenant (unless the landlord consents to create one)
- Double liability: the main tenant is liable to both the landlord (under the main lease) and the subtenant (under the sublease)
- End of main lease: when the main lease ends, the sublease ends automatically
If the subtenant causes damage, the landlord claims against the main tenant, who must then seek recourse against the subtenant.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 generally prohibits total subletting for primary residence leases. Partial subletting is subject to lease terms. Short-term tourist subletting (Airbnb) is regulated by the Brussels tourist accommodation rules.
Walloon Region
The decree of 15 March 2018 follows similar principles. Total subletting of the primary residence is generally prohibited. Short-term tourist subletting is regulated separately.
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. Tourist subletting is regulated by the Flemish tourist decree.
Article 1717 of the Belgian Civil Code (subletting). Regional tenancy legislation (restrictions on subletting primary residence). Regional tourist accommodation regulations.