Rental lease
Sub-lease
Subletting involves a main tenant renting out all or part of his or her home to another person, called the subtenant. The tenant in turn becomes a landlord vis-à-vis the subtenant.
This practice is authorized in Belgium, but only with the written agreement of the landlord and the drafting of a separate contract, known as a sublease. This contract sets out the rights and obligations of each party, and must be consistent with the main rental lease: the sub-tenant cannot have more rights than the original tenant.
Is it legal to sublet your home in Belgium?
Yes, subletting is legal, but strictly regulated.
In Belgium, the Civil Code authorizes subletting on condition that the landlord has given his written consent.
Without this consent, subletting is illegal and may result in termination of the main lease. Authorization may concern :
- the entire property: for example, in the case of temporary expatriation;
- only part of it: shared apartment, room, kot, etc.
The sublease rental agreement must be drawn up in writing and signed by both parties. The lease must be registered with SPF Finances.
⮕ Useful template to download: Free sub-lease rental lease template.
When subletting, you may be asked to provide a rental guarantee. Complete our form to obtain an online rental guarantee in just a few hours.
Who signs the sublease and what are everyone's obligations?
In a sublease, a distinction is made between :
- The principal lessor: remains linked to the initial lessee.
- The main tenant: becomes a sub-lessor vis-à-vis the sub-lessee.
- The subtenant: occupies the property under the terms of the sublease.
The main tenant remains liable to the landlord: if the sub-tenant causes damage or fails to pay the rent, the landlord will take action against the original tenant.
That’s why it’s essential to :
- Draft a clear and comprehensive sublease.
- Set up a separate rental guarantee.
- and draw up an inventory report.
What are the terms and conditions of a sublease?
The sublease cannot exceed the term of the main lease. It must mention :
- Precise duration,
- rent and service charges,
- rental guarantee,
- the condition of the home,
- and the reference to the main rental lease.
What happens if the sublease is illegal?
If a tenant sublets without written permission, the landlord may :
- terminate the main lease,
- evict the sub-tenant,
- claim damages.
Subtenants, on the other hand, will have no legal protection, even if they pay their rent regularly. It is therefore essential to :
- Formalize the sublease with a sublease rental agreement
- Register the lease contract
