Rental deposit and co-tenancy: how does it work?
How is the deposit handled in co-tenancy? Individual or joint, departure of a co-tenant.
Types of lease in co-tenancy and the deposit
In Belgium, co-tenancy can be organised in two ways, with different consequences for the rental deposit:
The single lease (classic co-tenancy)
All co-tenants sign the same lease. The deposit is paid into a single blocked account. The lease generally contains a joint and several liability clause: each co-tenant is responsible for the entire rent and all lease obligations, including the deposit.
Individual leases (room-by-room co-tenancy)
Each co-tenant signs a separate lease for their room. Each pays their own deposit into a separate account. This arrangement offers more flexibility but is less common in Belgium.
See our guide on co-tenancy in Belgium for the specifics of each option.
Amount and allocation of the deposit
Under a single lease
| Element | Amount |
|---|---|
| Total deposit (blocked account) | Maximum 2 months of total rent |
| Total deposit (bank guarantee) | Maximum 3 months of total rent |
| Allocation between co-tenants | By internal agreement (often equal shares) |
The law caps the deposit based on the total rent, not per co-tenant. For a rent of EUR 1,200 (4 co-tenants at EUR 300 each), the deposit may not exceed EUR 2,400 (blocked account).
Under individual leases
Each co-tenant pays a deposit proportional to their individual rent. For a room rent of EUR 400, the deposit is maximum EUR 800 (blocked account) or EUR 1,200 (bank guarantee).
Under a single lease with joint and several liability, each co-tenant can be held responsible for the entire debt. If one co-tenant does not pay their share, the others must compensate — and everyone’s deposit may be affected.
Departure of a co-tenant: what happens to their share?
Under a single lease
This is the most sensitive point. Under a single lease, the deposit is not divisible: it can only be released at the end of the lease, when all co-tenants have left and the final move-out property inventory has been conducted.
The departing co-tenant must therefore:
- Find a replacement (if the lease allows it)
- Ask the replacement to reimburse their share of the deposit
- Obtain a lease addendum signed by the landlord and all co-tenants
Under individual leases
The departing co-tenant conducts a move-out inventory for their room and recovers their deposit independently from the others. This is the simplest arrangement.
Comparison table
| Criterion | Single lease | Individual leases |
|---|---|---|
| Partial release | No (unless addendum) | Yes |
| Co-tenant departure | Complex | Simple |
| Joint liability | Yes (generally) | No |
| Replacement | Addendum required | New individual lease |
Practical advice
- Prefer individual leases if co-tenant turnover is frequent
- Draft a co-tenancy agreement covering deposit allocation and replacement procedures
- Require an addendum at each co-tenant change to update responsibilities
- Keep proof of payment of your share of the deposit
To generate a co-tenancy lease with appropriate deposit clauses, use our online lease generator. Also see our guide on tenant works and the deposit and death of the tenant.