Can a tenant sublet their accommodation? - Private sector housing

Verified 12 novembre 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Your situation

Private sector housing
Empty rented housing

The rules of subleasing are different depending on the signed residential lease:

Empty rented housing

The tenant must first obtain the written agreement from the owner. This agreement is about subleasing and on the amount of rent charged for the sublease.

The amount of rent per m² of living space requested for sub-lease may not exceed the one requested from the tenant.

Please note

It is preferable to send the request for authorization by registered letter with acknowledgement of receipt.

A document template can be used:

Seek permission from the landlord to sublet their home

The lessee must then provide the sub-lessee with the written sub-lease authorization received from the owner and a copy of his current lease.

The duration of the sublease cannot exceed that of the tenant's lease.

If the tenant's lease ends, the sub-tenant has no rights to the landlord, nor any title to the tenancy.

Warning

Subletting without authorization may result in termination the tenant's lease and the sub-tenant's lease. The tenant may also be ordered to pay the landlord the amount of the sub-rents received, or even the damages in case of injury.

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Telephone administrative information - Allo Public Service
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Departmental Agency for Housing Information (Adil)