FAQ — Rental deposit
Amount, blocked account, CPAS, return, deduction — all answers about the rental deposit in Belgium.
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Maximum 2 months’ rent if placed in a blocked account, or 3 months with a bank guarantee or through the CPAS.
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The law does not set a specific deadline. In practice, the deposit must be returned within a reasonable time after the exit inventory and agreement of both parties.
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The CPAS can set up a bank guarantee for persons in financial difficulty. The amount can be up to 3 months' rent. The application is made at the CPAS of your municipality.
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Yes, but only to cover rental damage recorded in the exit inventory or rent arrears. Each deduction must be justified with evidence.
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Yes, for a primary residence lease, the cash deposit must be placed in an individual account in the tenant's name at a bank. The landlord cannot keep it themselves.
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Yes, the interest earned on the blocked account belongs to the tenant. It is capitalised and paid out with the principal when the deposit is released.
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No for a blocked account. With a bank guarantee, the maximum is 3 months. Any request above this is illegal for a primary residence lease.
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This is not provided for by Belgian law. Some private services offer alternatives, but the landlord is not obliged to accept them. The legal options remain the blocked account or bank guarantee.
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First send a formal demand by registered letter. If there is no response, petition the justice of the peace. If the parties cannot agree, only the judge can order the release of funds.
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No, the landlord can only retain the deposit for damage that occurred during the tenancy, proven by comparing the entry and exit inventories.
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No, the rules are the same: maximum 2 months' rent in a blocked account. However, a detailed inventory of furniture is recommended to avoid disputes at exit.
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Yes, with a bank guarantee the tenant can repay the bank in monthly instalments over a maximum of 3 years. For the blocked account, the full amount is due at once.
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The law does not set a precise deadline. In case law, a period of 1 to 3 months after the exit inventory is considered reasonable. Beyond that, the justice of the peace can be petitioned.
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No, normal wear and tear (faded paint, slightly worn flooring) does not constitute rental damage. Only abnormal damage or deliberate deterioration can be deducted.
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No, the deposit remains fixed throughout the lease. It is calculated based on the initial rent and does not follow the annual indexation.
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The tenant can open a deposit account at any Belgian bank. The bank provides a certificate to be given to the landlord. Some banks offer online account opening.
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No, the bank requires the written agreement of both parties or a court decision. If the landlord refuses, the justice of the peace must be petitioned to rule.
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Yes, rent arrears are among the claims the landlord can recover from the deposit, provided they can justify them.
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The deposit is part of the estate. The heirs have the same rights as the deceased tenant. Release follows the usual rules after the exit inventory.
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With a single lease, the flatmates constitute a joint deposit. With separate leases, each pays their own. Joint liability between flatmates applies if stipulated in the lease.
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Send a formal demand by registered letter to the landlord detailing the reasons for contestation. If no agreement is reached, petition the justice of the peace with the entry and exit inventories and photos.
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The same rules apply: maximum 2 months' rent in a blocked account. In practice, it is often the parents who set up the deposit. Student leases are subject to general law.
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Yes, there is no legal maximum for a commercial lease. The amount is freely negotiated between the parties. It is generally between 3 and 6 months' rent.
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No, the deposit is calculated solely on the rent excluding charges. Charge provisions are not taken into account when determining the maximum amount.
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The right to recover the deposit is subject to a 10-year limitation period (general limitation). However, it is advisable to recover the deposit as soon as the lease ends.