In Belgium

The rental guarantee is a central mechanism of Belgian rental law. It protects the landlord against two main risks: unpaid rent and rental damage found at the end of the lease.

Three formulas coexist across the three Regions:

  • Blocked individual account: the tenant deposits a sum capped at 2 months’ rent on a blocked bank account in their name. The most common and simplest formula.
  • Bank guarantee: the bank guarantees up to 3 months’ rent to the landlord. The tenant rebuilds this amount through monthly instalments over a maximum of 3 years.
  • CPAS guarantee: for tenants in financial difficulty, the CPAS can guarantee up to 3 months’ rent.

Regional differences mainly concern the conditions for the bank guarantee and CPAS intervention.

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Good to know
Regardless of Region, the rental guarantee must never be paid in cash directly to the landlord. It must go through a blocked bank account or institutional guarantee.

How it works

Constitution. At lease signing, tenant and landlord agree on the formula. The tenant has a reasonable period to constitute the guarantee.

Placement. The sum must be placed on an individualised blocked bank account at a Belgian bank. The bank issues a certificate.

Interest. Interest produced by the blocked account accrues to the tenant at the end of the lease.

Release. Requires either bilateral agreement (both sign the release request) or a court decision in case of dispute.

Practical example

Amina signs a primary residence lease in Brussels for an apartment at 750 EUR/month. She has three options:

  • Blocked account: deposits 1,500 EUR (2 months) on an individualised account
  • Bank guarantee: bank guarantees 2,250 EUR (3 months), Amina repays 62.50 EUR/month over 36 months
  • CPAS: if eligible, CPAS guarantees 2,250 EUR

At the end of the lease, if the exit inventory shows no damage and no rent is unpaid, Amina recovers her 1,500 EUR plus accumulated interest.

Key considerations

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Warning
If a landlord asks you to pay the guarantee in cash or into their personal account, refuse. Insist on a blocked individualised account in your name. It is your right and it is the law.

No unilateral retention. The landlord cannot draw from the guarantee without the tenant’s written agreement or a justice of the peace decision.

In case of dispute. When parties disagree on deductions (e.g. for repairs), either can apply to the justice of the peace. The guarantee remains blocked until the court decides.