My landlord refuses to return the deposit: 4 months of proceedings

June 2025 — the departure

I rented a 1-bedroom apartment in the Patershol neighbourhood of Ghent for 2 years. Rent: 900 EUR excluding charges. Landlord: Mr Van den Berg, 55, manager of a property company. A residential lease of 3 years. Rental deposit: 2,700 EUR (3 months’ rent), deposited in a blocked account at BNP Paribas Fortis.

On 30 June, the day of departure, we carried out the exit inventory together. Duration: 1 hour 30. Mr Van den Berg inspected each room meticulously. Verdict: no remarks. The apartment was in the same condition as at entry, normal wear and tear deducted. He signed the document without reservation. I handed over the 3 sets of keys, countersigned on a receipt.

I left confident. Wrongly so.

July 2025 — the blocking

On 5 July, I sent Mr Van den Berg the deposit release form (standard bank document) to sign. A simple document that states: “Both parties agree to release the deposit of 2,700 EUR in favour of the tenant.”

On 12 July, Mr Van den Berg replied by email: “I won’t sign for now. I need to check certain things.” What things? The inventory is signed, the keys returned, the rent paid up to the last day.

On 20 July, another email from Mr Van den Berg: “On reflection, there are marks on the living room parquet that weren’t there at entry. I’m withholding 800 EUR for sanding.” The problem: the exit inventory he signed mentions no marks on the parquet. None.

August 2025 — the formal notice

On 1 August, I sent a formal notice by registered letter to Mr Van den Berg:

• Reminder of the exit inventory signed without reservation
• Reminder of Article 10 of the lease law (obligation to release within a reasonable time)
• 15-day deadline to sign the release form
• Mention of proceedings before the justice of the peace in case of refusal

Mr Van den Berg did not respond. On 20 August, I contacted BNP Paribas Fortis to understand my options. The bank confirmed: without both signatures or a court decision, they cannot release the funds. My 2,700 EUR were blocked, and I needed them for the deposit on my new apartment in Brussels.

I borrowed 2,700 EUR from my sister for the new deposit. A family loan I should not have had to take.

September-October 2025 — the judgment

On 15 September, I summoned Mr Van den Berg before the justice of the peace in Ghent. I appeared alone, without a lawyer. Documents in the file: lease, entry inventory, exit inventory signed without reservation, refusal emails, formal notice.

The hearing took place on 15 October. Mr Van den Berg appeared with photos of “parquet marks” taken 3 weeks after my departure. The judge dismissed them immediately: the exit inventory signed without reservation is conclusive. Photos taken after departure, without the tenant’s presence, have no evidential value.

Judgment of 28 October:

• Full release of the 2,700 EUR deposit in my favour
• Mr Van den Berg ordered to pay costs (40 EUR summons)
• The judge noted in the reasoning that the withholding attempt was “manifestly abusive”

I received the 2,700 EUR in my account on 12 November, i.e. 4 months and 13 days after my departure. To keep a structured record of the entire procedure, I used a rental management software that allowed me to centralise documents and exchanges.

What I learned

Four months to recover money that was due to me without any valid challenge. Three lessons:

1. The exit inventory is your shield. If the landlord signs it without reservation, they can no longer claim anything. Read it carefully before signing yourself too — in both directions, it is a definitive document.

2. Do not wait to bring the matter before the justice of the peace. I waited 2 and a half months before filing a summons. In hindsight, I should have done so from the first refusal. The procedure costs 40 EUR and the judge rules in 4 to 6 weeks in Ghent. It is neither long nor expensive.

3. Beware of “professional” landlords. Mr Van den Berg manages dozens of properties. His withholding attempt was probably not his first. The more informed you are about your rights, the less vulnerable you are.

More tenant testimonials: My landlord enters my home without warning, My landlord will not make repairs and My landlord wants to increase charges retroactively.