Documents you can request
Landlords can request: proof of identity, proof of income (pay slips, tax return), employment contract, and references from previous landlords. Requesting medical records, criminal records, ethnic origin or family planning information is prohibited under anti-discrimination and data protection law.
| Document | Can you request it? | Purpose |
|---|---|---|
| Identity card / passport | Yes | Verify identity |
| 3 recent pay slips | Yes | Assess solvency |
| Tax return (AER/Aanslagbiljet) | Yes | Confirm annual income |
| Employment contract | Yes | Verify employment stability |
| Previous landlord reference | Yes | Assess reliability |
| Bank statements | Debatable | Excessive — prefer pay slips |
| Medical records | No | Discrimination risk |
| Criminal record | No | Disproportionate |
| Ethnic / religious information | No | Discrimination |
Prohibited requests
You cannot request or consider: medical history, disability status, criminal record, ethnic origin, religion, sexual orientation, family status (married/single/pregnant), political affiliation, or union membership. Requesting these documents exposes you to discrimination complaints.
Common violations to avoid:
- Asking if the candidate plans to have children
- Requesting a certificate of good conduct (criminal record extract)
- Asking about health conditions or disabilities
- Requesting information about religion or philosophical beliefs
- Asking about welfare benefits as a disqualifying factor
If a refused candidate believes you discriminated against them, they can file a complaint with Unia or the regional equal opportunities body. Situation testing is regularly conducted.
Keep candidate files secure and destroy them after the selection process is complete. Under the GDPR, you cannot retain personal data longer than necessary for the purpose for which it was collected.
GDPR and data protection
The General Data Protection Regulation (GDPR) applies to tenant selection:
- Data minimisation: collect only the data strictly necessary for assessing the candidate’s suitability
- Purpose limitation: use the data only for tenant selection, not for other purposes
- Storage limitation: destroy candidate files after the selection is complete (keep only the selected tenant’s file)
- Transparency: inform candidates of what data you collect and why
- Security: store candidate data securely (locked cabinet or encrypted digital files)
For landlords using a property management agency, ensure the agency complies with GDPR requirements.
Regional specificities
Brussels-Capital Region
The Brussels housing code includes specific provisions on tenant selection and anti-discrimination. Brussels is particularly active in conducting situation testing to detect discriminatory practices.
Walloon Region
The Walloon decree of 15 March 2018 includes tenant selection provisions. The Walloon Region cooperates with Unia for anti-discrimination enforcement.
Flemish Region
The Flemish Housing Rental Decree explicitly lists the documents that can be requested from tenant candidates and prohibits discriminatory selection.
Federal anti-discrimination law of 10 May 2007. GDPR (EU Regulation 2016/679). Regional tenancy legislation (tenant selection provisions). Belgian Privacy Commission (Autorite de protection des donnees / Gegevensbeschermingsautoriteit).