Setting up the rental deposit: deadlines and procedure
When and how to set up the rental deposit in Belgium? Deadlines, bank procedure, PCSW.
Forms of rental deposit in Belgium
Belgian law provides for several forms of rental deposit, each with its own timeframes and conditions.
The 3 legal forms
| Form | Maximum amount | Principle |
|---|---|---|
| Individual blocked account | 2 months’ rent | The tenant deposits the sum in a blocked account |
| Bank guarantee | 3 months’ rent | The bank stands as guarantor, repayment over 3 years |
| Guarantee via PCSW | 3 months’ rent | The PCSW constitutes the deposit |
Common rules
- The deposit is always placed in a bank account in the tenant’s name
- The landlord may never require payment in cash
- Interest accrues to the tenant
- Release requires mutual agreement or a court decision
For the general framework, see our guide on the rental deposit.
Timeframes by option
Individual blocked account
| Step | Timeframe |
|---|---|
| Account opening | 1-5 business days |
| Transfer of amount | 1-2 business days |
| Bank certificate | Immediately after deposit |
| Total | 1-2 weeks |
Bank guarantee
| Step | Timeframe |
|---|---|
| Application to the bank | 1 day |
| File review | 5-10 business days |
| Approval and setup | 3-5 business days |
| Certificate | 1-2 business days |
| Total | 2-4 weeks |
Guarantee via the PCSW
| Step | Timeframe |
|---|---|
| Application to the PCSW | 1 day |
| Social enquiry | 1-4 weeks |
| PCSW decision | 1-2 weeks |
| Effective constitution | 1-2 weeks |
| Total | 3-8 weeks |
Bank guarantees and PCSW guarantees can take several weeks. Begin the process as soon as the lease is signed, without waiting for the key handover date. A delay in constituting the deposit can delay move-in.
Step-by-step procedure
Blocked account (most common)
- Sign the lease
- Visit the bank with the lease and an identity document
- Request the opening of a rental deposit account
- Deposit the agreed amount (maximum 2 months’ rent)
- Obtain the bank certificate
- Send the certificate to the landlord
Bank guarantee
- Sign the lease
- Contact your bank for a bank guarantee application
- Provide the required documents (lease, income, ID)
- Await the bank’s approval
- Sign the guarantee agreement (repayment over maximum 3 years)
- The bank sends the certificate to the landlord
In case of financial difficulty
If the tenant cannot constitute the deposit:
- Contact the PCSW of the municipality where the property is located
- Consider rental deposit insurance
- Negotiate an instalment plan with the landlord (with a lease addendum)
Practical advice
For the tenant
- Start the process as soon as the lease or pre-agreement is signed
- Compare bank fees between institutions
- Contact the PCSW if you are in difficulty (it is your right)
- Always keep the deposit certificate
For the landlord
- Specify the deposit method in the lease
- Do not hand over keys before receiving the bank certificate
- Never accept a cash payment
- Verify that the deposit is in an individual blocked account
Common mistakes
| Mistake | Consequence |
|---|---|
| Accepting cash | Void, the tenant can claim restitution |
| Depositing to the landlord’s account | Void, the landlord risks a fine |
| Not registering the lease | Deposit unprotected in case of sale |
| Requesting more than 2 months (blocked account) | Abusive clause, reducible by the judge |
Manage your deposits and contracts with a rental management software. For disputes over the deposit, see our dedicated guide.