The tenant is growing cannabis: what to do
Your tenant is growing cannabis in the rented dwelling in Belgium. Legal risks, landlord's liability, lease termination procedure and reporting.
- 01 The discovery
- 02 Legal framework
- 03 What to do
- 04 Prevention
The discovery: Didier’s situation
Didier owns an apartment in Antwerp. Several signs alert him:
- Electricity consumption has tripled in 3 months
- Neighbours complain of a persistent odour
- Suspicious deliveries of equipment (lamps, fans, pots)
During a control visit (provided for in the lease), Didier discovers a bedroom converted into a cannabis plantation: horticultural lamps, irrigation system, ventilation, and around twenty plants.
This is a serious situation that exposes the tenant to criminal prosecution and the landlord to significant legal and financial risks.
From the moment of discovery, the landlord must react. Inaction can be interpreted as passive complicity. Do not touch anything and follow the procedure below.
Legal framework in Belgium
Belgian tolerance: a misunderstanding
Belgian “tolerance” for cannabis concerns only the possession of a personal quantity (max 3 grams) by an adult, in a private setting, without public order disturbance. This is a directive from the College of Prosecutors General, not a law.
Cannabis cultivation is governed by the law of 24 February 1921 on narcotics:
- 1 plant: possible dismissal (adult, personal use)
- Several plants: criminal prosecution almost systematic
- Cultivation setup (lamps, irrigation): aggravating circumstance (intent to produce)
Risks for the landlord
| Risk | Detail |
|---|---|
| Passive complicity | If the landlord knows and does not react |
| Property confiscation | Possible if the property is considered an instrument of the offence |
| Insurance exclusion | Damage linked to illegal activity not covered |
| Property damage | Moisture, overloaded electrical installation, persistent odours |
| Liability towards neighbours | If the cultivation causes nuisance |
A landlord who discovers a plantation and does nothing faces prosecution for knowingly making premises available for an illegal activity.
What to do in practice
Step 1: Document (do not touch anything)
Take photos from the bedroom doorway. Do not touch anything, do not move anything. The items are evidence in case of criminal proceedings.
Step 2: Immediate formal notice
Send a formal notice by registered letter on the same day:
- Statement of the illegal activity found
- Request for immediate cessation and restoration
- Reference to the termination clause of the lease
- 7-day deadline to comply
Step 3: Report
Report the situation to the local police. This is a moral and legal obligation once you are aware of a criminal offence in your property.
Step 4: Justice of the peace
Refer to the justice of the peace to request lease termination for serious breach. Cannabis cultivation in a rented dwelling is unanimously considered a serious breach in Belgian case law.
Step 5: Damage assessment
After the tenant’s departure, have the damage assessed by an expert:
- Moisture and mould
- Overloaded or modified electrical installation
- Persistent odours (painting, specialist cleaning)
- Structural modifications (holes, ventilation)
Landlord insurance does not cover this damage (illegal activity). The rental deposit will be insufficient. The landlord will have to claim the damage from the tenant through the justice of the peace.
Prevention
Lease clauses
- Clause prohibiting any illegal activity in the rented premises
- Periodic visit clause (1-2 times per year)
- Energy consumption monitoring clause
Warning signs
- Abnormally high electricity consumption (x2 or x3)
- Suspicious odours reported by neighbours
- Constantly covered windows (aluminium, blankets)
- Continuous fan noise
- Systematic refusal of control visits
Monitoring
A rental management software can track energy consumption and alert in case of anomalies. The regular visits provided for in the lease are the best detection tool.
To create a lease with the appropriate protection clauses, use our online lease generator. For other situations, see our case studies.