Documents to request from prospective tenants
Which documents can the landlord legally request from a prospective tenant in Belgium? Authorised list, prohibited documents and best practices.
Legally permitted documents
The landlord may request the following documents from a prospective tenant:
| Document | Purpose | Essential |
|---|---|---|
| Identity card (front) | Identity verification | Yes |
| Last 3 payslips | Monthly income | Yes |
| Employment contract (or employer certificate) | Professional stability | Recommended |
| Latest tax assessment notice | Overall annual income | Recommended |
| Former landlord reference | References | Optional |
| Household composition | Number of occupants | Optional |
These documents allow you to assess the candidate’s solvency and their ability to pay the rent regularly. The rent-to-income ratio should not exceed one-third of net income.
Provide an identical standardised application form to all candidates to avoid any discrimination reproach.
Prohibited documents
The GDPR and anti-discrimination law prohibit requesting certain documents:
| Prohibited document | Reason |
|---|---|
| Criminal record extract | Privacy — unrelated to the rental |
| Medical certificate | Discrimination based on health |
| Bank statement | Excessive data (GDPR) |
| Identity photo | Unless justified |
| Health insurance certificate | Discrimination based on health |
| Good conduct certificate | Privacy |
| No-debt certificate | Not provided for by law |
Requesting these documents may constitute a breach of the GDPR (excessive data collection) and a form of indirect discrimination. The candidate may refuse and report the situation to the Data Protection Authority.
The landlord is a data controller within the meaning of the GDPR. They may only collect data strictly necessary for assessing the application and must delete it if the candidate is not selected.
Special cases
Self-employed and liberal professions
| Document | Alternative to payslips |
|---|---|
| Tax assessment notice (last 3) | Stable annual income |
| Accountant’s certificate | Average monthly income |
| Social contribution notice | Proof of regular activity |
| Simplified balance sheet | Overall financial picture |
Students
If the tenant is a student, the guarantor (parent or guardian) provides their own income proof. The lease mentions the guarantor and their joint liability for rent payment.
Benefit recipients
A candidate on unemployment or social welfare can provide certificates from ONEM or the PCSW. Refusing a candidate solely because they receive benefits may constitute discrimination based on financial situation.
Retention and GDPR obligations
| Obligation | Detail |
|---|---|
| Purpose | Application assessment only |
| Retention period | Delete after decision (max 6 months) |
| Security | Secure storage, restricted access |
| Right of access | The candidate may request their data |
| Right to erasure | The candidate may request deletion |
For the selected candidate, the documents necessary for the lease are kept for the entire duration of the lease + 5 years (limitation period). For rejected candidates, delete the files within 6 months.
A rental management software secures the storage of candidate documents and automates deletion after the legal deadline. To build a complete application file, guide the candidate with a standardised form.
Frequently asked questions
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Yes. Payslips (last 3 months) and/or the latest tax assessment notice are commonly requested and legally authorised documents. They allow you to assess the candidate's solvency.
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No. A bank statement contains excessive personal information (detailed spending). Request payslips or the tax assessment notice to evaluate income, not spending habits.
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Yes. Self-employed individuals can provide their latest tax assessment notice, an accountant's income certificate, or the last 3 social security contribution notices. These documents prove income regularity.