Rental deposit blocked by landlord: what to do?
Your landlord refuses to release the deposit? Steps, formal notice, justice of the peace and remedies.
Why does the landlord withhold the rental deposit?
The rental deposit is an amount deposited by the tenant to cover potential defaults (unpaid rent, damage). In Belgium, it is held in an individualised blocked account at a bank. Its release requires the agreement of both parties or a court decision.
The most common reasons for withholding by the landlord are:
- Disagreement over the move-out inventory: the landlord considers that damage must be repaired
- Unpaid rent or charges: the landlord wishes to retain the arrears
- No move-out inventory: the parties could not agree on the condition of the property
- Bad faith: the landlord withholds the deposit without valid reason
Whatever the reason, the landlord may never withhold the deposit without documented justification. The law protects the tenant against abusive deductions.
The tenant’s remedies
Step 1: formal notice
Send a registered letter to the landlord including:
- A reminder of the end of the lease and the move-out inventory
- A request for the release of the deposit within 15 days
- A reference to the applicable legal provisions (law of 20 February 1991 for main-residence leases)
- Notice of referral to the Justice of the Peace if there is no response
Step 2: conciliation
Before going to court, you may request a free conciliation at the Justice of the Peace. A judge attempts to bring the parties’ positions closer without formal proceedings.
Step 3: the Justice of the Peace
If conciliation fails, file a petition with the clerk’s office of the Justice of the Peace for the area where the property is located. Court fees are approximately EUR 50.
The action for the release of the rental deposit is subject to a 1-year limitation period from the end of the lease. Do not wait to act.
The procedure before the Justice of the Peace
| Step | Indicative timeframe | Cost |
|---|---|---|
| Filing the petition | Day 0 | ~EUR 50 court fees |
| Conciliation hearing | 2-4 weeks | Free |
| Hearing on the merits (if conciliation fails) | 1-3 months | Optional legal fees |
| Judgment | 2-4 weeks after the hearing | — |
| Enforcement of judgment | Immediate to 30 days | — |
The justice of the peace will examine:
- The property inventory at move-in and move-out
- Evidence of rent and charges paid
- Repair quotes presented by the landlord
- The proportionality of the requested deduction
In most cases, the judgment is rendered within 3 to 4 months of filing the petition. If the landlord withheld the deposit without valid reason, they will be ordered to release it in full, often with interest.
Tips to avoid withholding
- Carry out a detailed move-out inventory, adversarial, on the day the keys are handed over
- Photograph the dwelling room by room at move-out
- Keep proof of payment of all rent and charges
- Sign a written release agreement on the day of the move-out inventory if possible
For a lease that includes terms for releasing the deposit, use our online lease generator. Also see our guide on damage exceeding the deposit amount and unjustly withheld deposits.