How to Select a Good Tenant in Belgium
Allowed vs Prohibited Criteria
| ✅ Allowed Criteria | ❌ Prohibited Criteria |
|---|---|
| Solvency (income vs rent) | Nationality, ethnic origin |
| Professional stability (permanent, fixed-term contract) | Gender, sexual orientation |
| Desired move-in date | Age |
| Desired lease duration | Health condition, disability |
| Household composition (vs property size) | Religion, beliefs |
| Pets (if building regulations apply) | Family situation |
| Smoker/non-smoker | Wealth (except solvency) |
Legal basis: Anti-discrimination law of 10 May 2007
Penalties: criminal fine, damages. Complaints can be filed with Unia.
Documents You Can Request
| ✅ Allowed | ❌ Prohibited |
|---|---|
| ID document | Criminal record extract |
| Last 3 payslips | Medical records |
| Tax assessment notice | Full bank statements |
| Employer certificate | Information about origin/religion |
| Household composition |
Recommended 4-Step Process
1. Define Your Criteria in Advance
Before publishing your listing, list your objective criteria. This protects you in case of a dispute.
2. Ask the Same Questions to Everyone
To avoid any accusation of discrimination, ask the same questions to each candidate and document the answers.
3. Evaluate Objectively
Compare candidates based on the defined criteria. If you reject a candidate, you must be able to justify it with an objective criterion.
4. Keep Records
In case of a complaint, the burden of proof may be shared: the landlord must prove that the refusal is based on a legitimate criterion.
Assessing Solvency
| Indicator | Good Sign | Point of Attention |
|---|---|---|
| Rent/income ratio | ≤ 1/3 of net income | > 40% of income |
| Contract type | Permanent contract | Temporary, probation period |
| Seniority | > 1 year | New position |
| Guarantor available | Yes | No (if borderline income) |
Regional Specificities
BBrussels
The Brussels Housing Code strictly regulates tenant selection. Discrimination tests (mystery shopping) are conducted by Unia and the Region.
VFlanders
The Flemish decree explicitly lists the information that landlords can and cannot request.
WWallonia
The Walloon decree applies. The same federal anti-discrimination principles apply.
Common Mistakes
- Refusing without justification — always be able to explain with an objective criterion
- Requesting too much information — limit yourself to allowed documents
- Selecting by "gut feeling" — a subjective impression is not a legal criterion
- Discriminatory listing — "no foreigners", "couples only", "no benefit recipients" are illegal
Official Links
- Unia — Housing discrimination — Report, get informed
- Belgium.be — Housing and rental — Federal framework
- Bruxelles Logement — Finding a tenant — Brussels
- Woninghuur Vlaanderen — Requestable information — Flanders
- Wallonie — Renting a property — Wallonia
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