Rental deposit in Brussels and Flanders: maximum, forms and return

Few tenancy issues cause as much friction as the rental deposit (huurwaarborg / garantie locative): too much is asked, it is not lodged correctly, or it is not released when the lease ends. The rules also differ from region to region and changed in Brussels for leases concluded or renewed since 1 November 2024. This article gives an overview of the rental deposit for residential leases in Brussels and in Flanders: how much it may be, the forms it can take and how it is released at the end of the lease.

Which rules apply to the rental deposit?

Homes in Brussels are governed by the Brussels Housing Code (Brusselse Huisvestingscode / Code bruxellois du Logement). Flemish residential leases concluded since 1 January 2019 are governed by the Flemish Residential Tenancy Decree (Vlaams Woninghuurdecreet / décret flamand). Older Flemish leases remain subject to the former federal rules: a maximum of two months’ rent in an individualised account or three months with a bank guarantee.

What matters, therefore, is where the property is located and when the lease was concluded, not where the contract was signed. A deposit is not required by law, incidentally: it is the lease that determines whether one is requested. Properties in Wallonia are subject to their own rules, which this article does not cover. See also our overview of tenancy law in Belgium.

How much can the rental deposit be?

• Brussels: for leases concluded or renewed since 1 November 2024, the deposit may not exceed two months’ rent, whatever its form (Article 248 of the Brussels Housing Code). For older Brussels leases, the cap was two months in an individualised account and three months with a bank guarantee.
• Flanders: for leases concluded since 1 January 2019, a maximum of three months’ rent, whatever the form.

If the landlord asks for more, the excess is not owed and can be reclaimed. Make sure, therefore, that the amount and the form of the deposit are clearly stated in the lease. More on drafting a residential lease.

In what form is the rental deposit provided?

Flanders. The tenant chooses between an individualised account in their name with a financial institution, a security lodged with a financial institution, a bank guarantee arranged through the public social welfare centre (OCMW / CPAS) or, with the landlord’s consent, a personal surety (Article 37 of the Flemish Residential Tenancy Decree). With a personal surety, a third party, such as a parent, stands surety for the tenant’s obligations.

Brussels. For leases concluded or renewed since 1 November 2024, the Brussels Housing Code allows the tenant to choose between five forms: an individualised account in their name, a bank guarantee based on a standard contract between a public social welfare centre and a financial institution, a bank guarantee that they build up gradually, a security interest lodged with a financial institution in their name and a personal surety. The same cap of two months’ rent applies to every form. For a student lease, the personal surety may be combined with one of the other forms (Article 248 of the Brussels Housing Code).

In both regions, the interest on an individualised account accrues to the tenant and is capitalised. The landlord has a preferential right over the balance of that account for any claim arising from the tenant’s failure to fulfil their obligations. The deposit therefore does not belong in the landlord’s hands or in the landlord’s own account. If the landlord nevertheless keeps it, they owe the tenant interest at the average financial market rate. The tenant may then deduct the amount of the deposit, plus the capitalised interest, from the rent, provided they place that amount in an individualised account in their name (Article 37(2) of the Flemish Residential Tenancy Decree; in Brussels, for leases concluded or renewed since 1 November 2024: Article 249(1) of the Brussels Housing Code).

What if the tenant cannot pay the deposit in one go?

Alternatives exist. In both regions, a bank guarantee can be provided with the involvement of the public social welfare centre: the centre concludes a standard contract with the bank for this purpose, and the bank guarantees the amount to the landlord. In Brussels, the tenant can also opt for a bank guarantee that they build up gradually through monthly instalments, while the bank guarantees the full amount from the outset. The landlord cannot refuse the statutory form chosen by the tenant; only the personal surety in Flanders requires the landlord’s consent.

Return of the rental deposit at the end of the lease

Where the deposit is held in an individualised account, the bank releases it only on the basis of a written agreement between both parties, drawn up no earlier than the end of the lease, or of a court decision. An agreement given as early as the signing of the contract is therefore not sufficient.

What may the landlord withhold?

The landlord may withhold amounts for unpaid rent and charges and for proven rental damage, established by comparing the check-in inventory (plaatsbeschrijving / état des lieux) with the check-out inventory. Normal wear and tear, ageing and force majeure are not rental damage. If no detailed check-in inventory was drawn up, the tenant is, unless proven otherwise, presumed to have received the property in the condition it is in at the end of the lease (Article 39(3) of the Flemish Residential Tenancy Decree; Article 220(1) of the Brussels Housing Code, which applies Article 1731 of the former Civil Code). More on the inventory of fixtures and rental damage.

When is the deposit released?

In practice, the deposit is released after the check-out inventory, the handover of the keys and the final statement of charges. In Brussels, for leases concluded or renewed since 1 November 2024, the deposit must, barring a dispute, be released within two months of the keys being handed back; otherwise, the amount is increased by ten per cent of the monthly rent for each month or part of a month. In a building with several flats managed by the same person, part of the deposit may remain blocked pending the annual closing of the accounts (Article 249(2) of the Brussels Housing Code). The Flemish Residential Tenancy Decree sets no time limit for the release; however, the landlord’s claim to have the deposit released in their favour becomes time-barred one year after the end of the lease (Article 37(3)).

If the landlord refuses to cooperate without valid reason, the tenant can apply to the justice of the peace (vrederechter / juge de paix) for the release. Anyone who blocks the release without reason risks being ordered to pay interest and legal costs, including a procedural indemnity (rechtsplegingsvergoeding / indemnité de procédure).

Dispute over the rental deposit? Here is how to handle it

First gather the evidence: the inventories, photos, invoices and correspondence. Then send a formal notice (ingebrekestelling / mise en demeure) by registered post with a reasonable deadline. If no solution follows, the justice of the peace of the canton where the property is located decides the case, whatever the amount.

These proceedings are relatively straightforward and can be brought by application (verzoekschrift / requête). The parties can also first ask the justice of the peace to attempt conciliation. More on proceedings before the justice of the peace.

Frequently asked questions

My landlord is asking for four months’ deposit. Is that allowed?

No. That exceeds the statutory maximum, both in Brussels and in Flanders. The excess can be reclaimed, even after the lease has been signed.

Can I let the last months’ rent be covered “by the deposit”?

No. The deposit serves as security and is only released after the final settlement. A tenant who does not pay the last rent risks proceedings, interest and costs. See also how to give notice correctly as a tenant.

What happens to the deposit if the property is sold?

The buyer in principle takes over the rights and obligations of the landlord. The deposit therefore remains linked to the lease and is settled with the new owner at the end of the tenancy. A deposit held in an individualised account in the tenant’s name simply stays in place.

My landlord wants the deposit in cash. What now?

A cash deposit handed to the landlord is not one of the statutory forms. Propose one of the statutory forms, preferably an individualised account in your name. Pay the rent and charges by bank transfer and keep proof of every payment; in Brussels, for leases concluded or renewed since 1 November 2024, the landlord may in any case only ask for rent and charges to be paid into a bank account (Article 225/2 of the Brussels Housing Code).

My landlord does not respond to my request to release the deposit. What can I do?

Send a formal notice by registered post setting a deadline. If there is still no response, the justice of the peace can order the release. On the basis of that judgment, the bank releases the deposit, even without the landlord’s cooperation.

Novex Advocaten can help

We act for tenants and landlords in disputes over the rental deposit, the final settlement and rental damage, whether amicably or before the justice of the peace. Mr Mohamed Asfour, lawyer, can assist you in Dutch, French, English and Arabic.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.