Damage exceeding the rental deposit amount
What if damage exceeds the deposit amount? Recourse, justice of the peace, evidence.
The rental deposit: a safety net, not a ceiling
The rental deposit in Belgium is limited to 2 months’ rent (blocked account) or 3 months (bank guarantee). This amount is sufficient to cover small repairs and ordinary arrears, but may prove insufficient for significant damage.
The essential point: the deposit is a minimum of protection for the landlord, not a ceiling of liability for the tenant. The tenant remains responsible for all damage they caused, even if the amount exceeds the deposit.
This principle is established by articles 1732 et seq. of the Belgian Civil Code: the tenant is liable for deterioration occurring during their occupancy, except deterioration due to normal wear and tear or force majeure.
The landlord’s procedure
Step 1: document the damage
The landlord must document the damage during the move-out property inventory:
- Precise description of each item of damage
- Before/after photographs
- Comparison with the move-in inventory
Step 2: quantify the repairs
Obtain at least two quotes from contractors for each repair item. Quotes must be detailed (cost of materials, labour, timeframe).
Step 3: formal notice
Send the tenant a registered letter detailing:
- The list of damage recorded
- The corresponding quotes
- The total amount claimed, minus the deposit amount
- A 30-day deadline to pay or contest
Step 4: Justice of the Peace
If the tenant does not pay and does not contest within the deadline, apply to the Justice of the Peace for the area where the property is located.
Calculating the indemnity
The landlord cannot claim the cost of new replacements. The indemnity is calculated taking into account the wear and tear of the damaged elements.
| Damage item | Repair cost | Wear (age/lifespan) | Amount chargeable |
|---|---|---|---|
| Painting (3 rooms) | EUR 2,500 | 50% (5 yrs out of 10) | EUR 1,250 |
| Scratched parquet | EUR 1,800 | 25% (5 yrs out of 20) | EUR 1,350 |
| Broken door | EUR 600 | 10% (3 yrs out of 30) | EUR 540 |
| Total | EUR 4,900 | EUR 3,140 | |
| Rental deposit | -EUR 1,800 | ||
| Balance payable by tenant | EUR 1,340 |
The tenant must never pay the price of a new item to replace a worn one. The wear and tear deduction is a right of the tenant, not a favour from the landlord.
The tenant’s options
Contest the damage
The tenant may contest:
- The nature of the damage (normal wear vs. damage)
- The amount of the quotes (request counter-quotes)
- The wear calculation (propose a different scale)
Propose an instalment plan
If the tenant acknowledges the damage but cannot pay in one go, they may propose a staged payment plan. The landlord is not obliged to accept but an amicable agreement avoids court costs.
Use their insurance
The tenant’s home insurance may cover certain damage (water damage, fire). Check your policy’s coverage before paying out of pocket.
Advice for both parties
For the landlord
- Document everything with the move-in and move-out inventories
- Obtain multiple quotes to justify the amount claimed
- Apply wear and tear deductions — a fair calculation strengthens your position before the judge
For the tenant
- Take out home insurance covering rental risks
- Maintain the property to limit damage
- In case of an incident, report it immediately to your insurer
For a lease clarifying responsibilities regarding damage, use our online lease generator. Also see our guide on unjustly withheld deposits and deposits blocked by the landlord.