What amount per region?
The maximum rental deposit amount varies depending on which region the property is located in:
Walloon Region: The deposit cannot exceed 2 months’ rent excluding charges. This cap is set by the Civil Code (Book III, Title VIII, Chapter II, Section 2) applicable to primary residence leases.
Brussels-Capital Region: The cap is also 2 months’ rent. The Brussels Housing Code maintains this limit to protect access to housing.
Flemish Region: The Vlaams Woninghuurdecreet (2019) raised the cap to 3 months’ rent for leases concluded from 1 January 2019 onwards. This provides better protection for the landlord in case of damage or unpaid rent.
The amount is calculated on the base rent excluding charges. Provisions for charges or flat-rate charges are not included in the calculation.
The different forms of deposit
Belgian law provides for several ways to constitute the rental deposit:
1. Individualised blocked account. This is the most common form. The tenant opens an account in their name at a bank. Interest is capitalised in favour of the tenant. The landlord receives a bank certificate.
2. Bank guarantee. The bank guarantees the agreed amount. The tenant gradually repays the bank over a maximum of 3 years. This solution helps tenants who do not have the full amount immediately available.
3. Guarantee through the CPAS/OCMW. The public social welfare centre can act as guarantor for people in financial difficulty. The landlord benefits from the same security as with a standard bank guarantee.
How to recover your deposit?
At the end of the lease, the deposit is released according to precise rules:
Agreement of both parties: The landlord and tenant jointly sign a release request at the bank. The funds are transferred to the tenant within a few days.
Disagreement: If the landlord refuses to sign (for example due to damage), the tenant can refer the matter to the Justice of the Peace. Only a court ruling can then unblock the deposit.
Timeframe: The bank has 15 working days after receiving the signed request to release the funds. In practice, the transfer is often made within a few days.
Carry out a detailed exit inventory to avoid any dispute over the release of the deposit. A contradictory inventory is the best protection for both parties.