Rental deposit and unsigned lease
What about the deposit if the lease is not signed? Rights, risks and recovery.
Verbal lease and rental deposit: what does the law say?
In Belgium, a lease can be concluded verbally — the law does not prohibit it. A verbal lease is legally valid and creates obligations for both parties. However, the absence of a written document raises serious issues of proof.
If the tenant paid a rental deposit under a verbal lease, that deposit remains valid. The landlord must nevertheless comply with the legal rules:
- The deposit must be placed in a blocked individualised account in the tenant’s name
- The amount may not exceed 2 months’ rent (main-residence lease) or 3 months (bank guarantee)
- Interest is capitalised for the tenant’s benefit
If the landlord collected the deposit directly (without a blocked account), they are in breach and the tenant may demand immediate placement in a compliant account.
See our guide on the verbal lease in Belgium to understand the implications of an unwritten lease.
Lease never concluded: the deposit must be returned
Different situation: the tenant paid a deposit (or an “advance”) but the lease was never concluded — neither signed nor verbal, and the tenant never moved in.
In this case, the landlord has no legal basis to keep the amount. Retention constitutes unjust enrichment (article 1376 of the Civil Code), and the tenant is entitled to full restitution.
| Situation | Deposit due? | Restitution? |
|---|---|---|
| Lease signed + moved in | Yes | At end of lease |
| Verbal lease + moved in | Yes | At end of lease |
| Lease signed + never moved in | Depends on clauses | Yes if terminated before entry |
| No lease + amount paid | No | Full restitution |
Never pay a deposit before signing the lease. If a landlord demands an advance payment, this is a red flag. The deposit should only be paid upon conclusion of the lease.
Tenant’s remedies
In case of verbal lease with unblocked deposit
- Send a formal notice to the landlord by registered letter to place the deposit in a blocked account
- If the landlord refuses, apply to the Justice of the Peace for compliant placement
- The judge may order the landlord to pay late interest on the unplaced amount
In case of lease not concluded
- Send a formal notice demanding restitution within 15 days
- If there is no response, apply to the Justice of the Peace
- The judge will order full restitution, with interest and potentially damages
The procedure before the Justice of the Peace is accessible and inexpensive (court fees of approximately EUR 50).
Prevention advice
- Always sign a written lease before paying any amount
- Require a blocked account in your name for the rental deposit
- Keep proof of all payments (bank transfer, receipt)
- Never pay in cash — use bank transfers which leave a trace
To create a compliant written lease with rental deposit clauses adapted to your Region, use our online lease creation tool. Also see our guide on rental deposit and co-tenancy and change of owner.