Subletting your house or apartment according to legislation

In Flanders, subletting a property is allowed under certain circumstances. In this article you can read all about subletting and the corresponding legal rules.

What is subletting?
Is subletting a house or apartment punishable?
When is the contract mandatory in subletting?
When can you legally sublet without a contract?
What rights do you have as a subtenant?

1. What is subletting?

Subletting means that you rent a house or apartment to a third party, while you still remain responsible for paying rent to the landlord. The main tenant (you) acts as the landlord for the new occupant, who is known as the subtenant. In subletting, for example, you rent out an extra room in an apartment. The purpose of subletting varies, such as sharing rental costs, generating additional income or enabling temporary housing for others. The house or apartment is often subject to specific rules and conditions set forth in the lease. It is crucial for both the main tenant and the subtenant to understand and abide by these rules to avoid legal consequences.

2. Is subletting a house or apartment punishable?

Yes, this is punishable under Flemish law because:

You must have permission from the main landlord. This is stipulated in the lease. If the lease explicitly states that subletting is not allowed, then it is not allowed. So, as the main landlord, draw up a clear contract setting out the rules around subletting to avoid conflicts.
As the main tenant, you are always liable to the subtenant.
You may not rent out your entire house or apartment. However, you may rent out a room.
The duration of your sublease contract should not be longer than your main lease.
You must continue to live in the remaining portion of the rented property as your own primary residence.
You may not sublet at a higher rent than what you pay. Do you do this? Then you will be fined 14,150 euros.

If you do sublet as a tenant, despite the prohibition described in the lease, the main landlord can go to the justice of the peace and have the lease terminated. The owner of the property determines the fine for subletting without permission. In addition, the landlord can still seek damages or an eviction of both the main landlord and subtenant. You are not punishable as a subtenant. Therefore, you will not receive a fine. However, you may have to leave the property if the main landlord wishes you to do so.

2.1. Wat is de boete voor illegaal onderverhuren?

The fine for illegal subletting is 14,150 euros.

2.2. Kan mijn partner zomaar bij mij komen wonen in mijn huurwoning?

No, for that you must have (written) permission from the main landlord.

Subletting a property (2024) - photo of a gavel — Image: Gavel

3. When is the contract mandatory in subletting?

A sublease contract is mandatory if the subtenant takes his main residence in the house or apartment. The general rental law applies to this. So you must draw up a written sublease contract, have it signed by each party involved. These are the landlord, tenant and subtenant. You are required to prepare and sign as many copies as there are parties. The rent law requires the sublease to be declared within 2 months of signing the sublease contract. The responsibility for this registration in this case lies with the main tenant. In our article Rent contract registration in 4 steps (2024) you can read all about rent contract registration.

Subletting a property (2024) - contract — Image: Person with pen and paper at table

4. When can you legally sublet without a contract?

Subletting without a contract is legally allowed, but only when the property is not intended to be the main residence of the subtenant. In this case, a verbal agreement is sufficient.

This is subject to the common provisions of the Civil Code (Articles 1708 to 1762a).
Examples: subletting an office space, subletting a garage box or subletting a bedroom through a platform such as Airbnb.

Subletting a property (2024) - garage box — Image: Garage boxes

5. What rights do you have as a subtenant?

In that case, remember these rules:

You always need the permission of the landlord. So the main tenant must inform the main landlord of the situation.
The duration of the sublease shall not exceed the duration of the main lease.
When the landlord terminates the main lease for good reason, the main tenant must notify the subtenant within 15 days. In this case, both contracts, the main lease and the sublease, will terminate on the same date.
With normal termination, the notice period of 3 months applies. Of this, the main tenants must notify the subtenant. The subtenant, in turn, can seek damages of three months’ rent from the main tenants.
With a non-written sublease, the main tenant is always responsible for the property and for the subtenant. In case of damage or late payment, the main tenant will be responsible for the costs.

Subletting a property (2024) - door and key — Image: Person with house key

Sources: Callmepower, LeBonBail, Flanders

Would you like to cite this article as a source? Then use:

Luyckx, S. (2024, Nov. 18). Subletting your rental house or apartment according to legislation. Apartment.be. Consulted on (date XX/XX/202X), from https://www.appartement.be/onderverhuren/

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