Rental deposit and death of the tenant
What happens to the deposit when the tenant dies? Heirs, release, procedure.
The rental deposit is part of the estate
Under Belgian law, the lease does not automatically end upon the death of the tenant. Article 1742 of the Civil Code provides that the lease is not terminated by the death of the landlord or the tenant. The lease is transmitted to the heirs of the deceased tenant.
The rental deposit follows the same fate: it is transmitted to the heirs as part of the estate. The heirs become holders of the deposit claim and the related obligations (move-out inventory, charges settlement).
This principle applies whether the tenant lived alone or in co-tenancy. See our guide on the death of the tenant in detail for the general implications.
Procedure for releasing the deposit
Required documents
The bank will require the following documents to release the deposit:
| Document | Who provides it |
|---|---|
| Death certificate | Municipal administration |
| Certificate of inheritance or notarial deed | Notary or registration office |
| Release agreement signed by the landlord | Landlord |
| Move-out inventory | Both parties |
| Proof of rent settlement | Heirs |
The steps
- The heirs inform the landlord of the death by registered letter
- A move-out inventory is conducted between the heirs (or their representative) and the landlord
- Outstanding rent and charges are settled
- Both parties sign the release agreement at the bank
- The bank pays the funds to the heirs (capital + interest)
In case of renunciation of the estate
If the heirs renounce the estate, they also renounce the rental deposit. The landlord must apply to the Justice of the Peace to obtain the release of the deposit in their favour (to cover unpaid rent and damage).
Heirs’ rights and obligations
What the heirs must do
- Give notice to the landlord within the legal timeframes (generally 3 months’ notice)
- Clear the dwelling and return the keys
- Conduct the move-out property inventory with the landlord
- Pay the rent due until the end of the notice period
What the heirs may obtain
- The rental deposit (capital + interest) after deduction of any withholdings
- Reimbursement of charges overpaid by the deceased
Heirs who accept the estate also accept the tenant’s debts: unpaid rent, charges, damage to the property. The rental deposit may be entirely absorbed by these debts.
Practical advice
- Inform the landlord promptly of the death by registered letter
- Consult a notary to determine the heirs and obtain the certificate of inheritance
- Do not clear the property before contacting the landlord and arranging an inventory
- Settle the utilities (water, electricity, gas) to prevent bills from accumulating
For centralised tracking of deadlines and deposits for your rented properties, a rental management software alerts you to unusual situations. Also see our guide on rental deposit and landlord bankruptcy and unsigned lease.