Short answer: In Belgium you may check that an applicant is solvent, and in a 2026 case the Raad van State / Conseil d'État accepted that asking for an income of roughly three times the rent can be a legitimate solvency check — not, in itself, wealth discrimination. But that is not a licence to demand anything. What you may ask for is limited by GDPR and by anti-discrimination law: you may verify the amount of income, but you may not select on where the income comes from, or on any protected ground.

Can a landlord require income of "3× the rent"?

A long-standing rule of thumb on the Belgian rental market is that rent and charges should not exceed about one third of a household's income — the so-called "one-third rule". In a 2026 ruling, in a case brought under the Brussels Housing Code, the Raad van State / Conseil d'État accepted that requiring an applicant to earn around three times the rent is a proportionate way to check solvency, and does not by itself amount to discrimination based on wealth.

That is important, but it should be read carefully. Equal-opportunity body Unia and the tenants' unions maintain that applying the one-third rule rigidly or automatically can still be discriminatory — for example when it rejects a candidate who could genuinely afford the home, or when it falls hardest on single parents and people on lower incomes during a housing shortage. The rule has no explicit statutory basis; what matters is whether a solvency check is applied reasonably and to everyone alike, rather than as a mechanical filter. The 2026 case concerned Brussels, and rental law and case law differ between Flanders, Brussels and Wallonia, so treat "3×" as a defensible guideline, not a hard legal entitlement everywhere.

What a landlord may lawfully ask for

The guiding principle under GDPR is data minimisation: ask only for what you genuinely need to assess an application, and keep it only as long as you need it. In practice a landlord or agent may generally ask an applicant for:

• Their first and last name and contact details (email or phone);
• An identity document, to verify who they are;
• The number of people who will live in the property;
• The amount, or an estimate, of their income;
• A proof of income — for example one recent payslip or an employer's certificate.

Crucially, the applicant is generally free to choose which document they use to prove their means, and may redact details that are not needed — such as the employer's name on a payslip, or the source of individual payments on a bank statement.

What a landlord may NOT ask for

Several things go beyond what is proportionate or are simply off-limits:

• Excessive financial data — full multi-year bank statements, complete tax returns or detailed account histories are considered excessive under GDPR;
• Sensitive personal data — health status, medical information or a criminal record;
• Protected characteristics — origin, nationality background, religion, disability, family situation, pregnancy or sexual orientation. Selecting on any of these is prohibited discrimination.

Income source is protected — check the amount, not the origin

This is where many well-meaning landlords slip up. You may verify how much an applicant earns, but not the nature or origin of that income. Refusing someone because their income is unemployment benefit, a disability allowance, a pension or other replacement income is treated as discrimination on the ground of wealth or social status, and is prohibited under anti-discrimination legislation and the regional housing codes. The lawful approach is to assess an applicant's total income against the rent, whatever the source.

Screen fairly — and keep a clean record

The safest position is also the simplest: apply the same objective criteria to every applicant, collect only the data you need, be able to explain why you collected it, and delete the files of applicants you did not select. That protects you if a decision is ever questioned by Unia or a judge, and it keeps you compliant with GDPR. ImmoDesk lets you collect applications, income proofs and notes in one consistent, access-controlled place, so every candidate is assessed on the same footing and you are never holding a shoebox of sensitive documents you should have deleted.

Screen every applicant on the same, defensible basis

Fair screening is about consistency and keeping only what you need. ImmoDesk keeps applications, income proofs and your notes in one organised, access-controlled record, so you assess every candidate the same way and stay on the right side of GDPR. Start free — no credit card required and set up screening you can stand behind.

This article is general information about Belgian residential tenant screening as of 2026 and is not legal advice. Rules and case law differ by region (Flanders, Brussels, Wallonia) and change over time — verify the current rule for your situation or consult Unia, a tenants' service or a professional.