Rental deposit and tenant renovations
Can the landlord withhold the deposit for works carried out by the tenant? Rules and disputes.
Tenant works: the general framework
In Belgium, the tenant may not modify the property without the landlord’s consent. Article 1728 of the Civil Code requires the tenant to use the property as a prudent person, meaning in a reasonable manner without transforming it.
This principle has a direct impact on the rental deposit: if the tenant carried out unauthorised works, the landlord may require restoration to the original condition at the end of the lease and withhold the deposit to finance these works.
The distinction between authorised and unauthorised works is therefore essential for the fate of the deposit.
Works authorised by the landlord
When the landlord gives written consent for works, the restoration conditions are generally set out in that agreement:
Agreement with restoration
The tenant may carry out the works but must restore the property to its original condition at the end of the lease. The deposit may be withheld if restoration is not completed.
Agreement without restoration
The landlord accepts the works and waives restoration. The works remain the landlord’s property. The deposit is unaffected.
Agreement with compensation
Rare but possible: the landlord undertakes to compensate the tenant for improvement works at the end of the lease.
| Type of agreement | Restoration | Deposit impact | Tenant compensation |
|---|---|---|---|
| With restoration | Yes | Withheld if not done | No |
| Without restoration | No | None | No |
| With compensation | No | None | Yes (per agreement) |
Unauthorised works: the consequences
If the tenant carried out works without the landlord’s written consent, the consequences can be severe:
- Mandatory restoration: the landlord may require the property to be returned to its original condition
- Deposit deduction: the cost of restoration is deducted from the deposit
- Additional indemnity claim: if the cost exceeds the deposit, the landlord may claim the difference
Under Belgian law, works carried out by the tenant become the landlord’s property through the mechanism of accession (article 555 of the Civil Code). The tenant may not take them away nor claim compensation, unless agreed otherwise.
The landlord records the works during the move-out property inventory and compares with the move-in inventory.
Concrete impact on the rental deposit
Calculating the deduction
The landlord may deduct from the deposit:
- The cost of demolishing the unauthorised works
- The cost of restoring the original configuration
- Ancillary costs (waste removal, cleaning)
The deduction must be justified by quotes or invoices. The amount may not exceed the actual cost of restoration.
If the deduction exceeds the deposit
The landlord may claim the balance from the tenant by formal notice and then, if refused, before the Justice of the Peace. See our guide on damage exceeding the deposit.
Practical advice
For the tenant
- Always request written consent before carrying out works, even minor ones
- Specify the restoration conditions in the agreement
- Keep the invoices for works performed
- Before moving out, restore the property if the agreement requires it
For the landlord
- Formalise any agreement in writing (lease addendum or letter)
- Inspect the property regularly (respecting the tenant’s right to privacy)
For a lease incorporating clauses relating to tenant works, use our online lease generator. A rental management software enables you to store works agreements and track the modification history of the property.