The tenant is liable for their guests’ damage
Yes. The tenant is fully liable towards the landlord for damage caused by their guests or visitors. Under Belgian law, the tenant must use the property as a prudent and reasonable person. Damage caused by guests is treated as damage caused by the tenant themselves. The tenant can then seek recourse against the guest.
This liability rests on two legal foundations:
- Article 1728 of the Civil Code: the tenant must use the property as a prudent person (bon pere de famille / goede huisvader)
- Article 1735: the tenant is liable for damage and losses occurring during their tenancy, unless they prove force majeure, a defect of the building, or the landlord’s fault
The landlord does not need to prove that the tenant was personally negligent. The mere fact that the damage was caused during the tenancy by someone invited by the tenant is sufficient.
Practical consequences
The landlord claims against the tenant, not against the guest. The tenant’s insurance (tenant liability coverage) usually covers damage caused by guests. Without insurance, the tenant bears the cost personally.
Common scenarios:
| Situation | Tenant liable? | Insurance coverage |
|---|---|---|
| Guest breaks a window | Yes | Usually covered |
| Guest causes water damage | Yes | Usually covered |
| Guest causes a fire | Yes | Covered (fire liability) |
| Guest damages common areas (building) | Yes, if invited | May be covered |
| Party damage (multiple guests) | Yes | May have coverage limits |
Some insurance policies exclude or limit coverage for damage caused during events or parties. Check your policy conditions. If you plan to host larger gatherings, verify that your coverage is adequate.
Recourse against the guest
After compensating the landlord (or after the insurance has paid), the tenant has a right of recourse against the guest:
- The tenant can claim reimbursement from the guest based on general tort liability (Article 1382 of the Civil Code)
- The guest’s own civil liability insurance may cover the damage
- In practice, recovering costs from a guest can be difficult, especially for smaller amounts
- A formal notice can be sent to the guest requesting reimbursement
Having contents insurance with tenant liability coverage is the best protection. It covers the damage without requiring the tenant to pursue the guest personally.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 applies the general principles of tenant liability. Brussels case law consistently holds tenants liable for damage caused by their guests.
Walloon Region
The decree of 15 March 2018 follows the same principles. The tenant’s liability for guests is well established in Walloon case law.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 confirms the tenant’s obligation to use the property as a goede huisvader. Liability for guests’ damage is consistently applied.
Article 1728 of the Belgian Civil Code (prudent use). Article 1735 (tenant’s liability for damage). Article 1382 (tort liability for recourse against the guest).