In Belgium
Subletting is strictly regulated by Belgian rental law. For primary residence leases, the rule is clear: full subletting is prohibited. The tenant cannot make the entire property available to a third party.
Partial subletting (a room, for example) is permitted under conditions:
- The tenant must obtain the prior written consent of the landlord
- The main tenant must continue to occupy the property as their primary residence
- The rent charged to the sub-tenant cannot exceed the proportionate share of the main rent
How it works
Authorisation request. The tenant who wishes to sublet part of their dwelling must inform the landlord in writing and obtain their formal agreement.
Sub-lease contract. If the landlord agrees, a sub-lease contract is concluded between the main tenant (who becomes “sub-landlord”) and the sub-tenant.
Legal relationships. The sub-tenant has no direct legal relationship with the landlord. In case of dispute, they can only address the main tenant.
Practical example
Sophie rents a 3-bedroom apartment in Brussels for 1,100 EUR/month. She wants to sublet the two other rooms for 400 EUR each. She writes to her landlord for consent. The landlord agrees by signed letter. Sophie concludes two sub-lease contracts. She remains responsible for the full 1,100 EUR rent to her landlord.
Key considerations
Airbnb. Listing a rented property on a short-term platform without the landlord’s consent constitutes unauthorised subletting — grounds for judicial lease termination.
Difference with lease assignment. Subletting keeps the main tenant in the lease. A lease assignment transfers all rights and obligations to a third party, releasing the original tenant.