Getting your deposit back at the end of the lease
How to get your rental deposit back at the end of the lease in Belgium?
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Procedure for releasing the rental deposit
The rental deposit is released after the move-out inventory, with the agreement of both parties or by court order.
No dispute
- Carry out the move-out inventory
- Compare with the move-in inventory
- If no damage: both parties sign the release request
- The bank releases the deposit to the tenant
With deductions
- The parties agree on the deductions (amount and justification)
- A document specifying the breakdown is signed
- The bank releases the deposit according to the agreement
Permitted deductions
What the landlord can deduct
| Reason | Condition |
|---|---|
| Damage noted at move-out inventory | Beyond normal wear and tear |
| Unpaid rent | Exact amount due |
| Unpaid charges | Supporting document provided |
| Restoration costs | Quote or invoice |
What the landlord cannot deduct
- Normal wear and tear (faded paint, worn parquet)
- Repairs not justified by the inventory
- Lump-sum charges without supporting documents
- Disproportionate amounts
Depreciation
Deductions must account for depreciation. Equipment that is 15 years old cannot be charged as new to the tenant. See our guide on works in rental properties.
Disputing deductions
If deductions are excessive
- Request supporting documents (quotes, invoices, photographs)
- Compare with the move-in inventory
- Apply the depreciation rate
- Propose a reasonable deduction amount
- Formalise your position in writing
Common landlord errors
| Error | Correction |
|---|---|
| No depreciation applied | Apply the equipment’s useful life |
| Damage not documented in the inventory | Contestable (no proof) |
| Normal wear and tear charged | Refuse (not the tenant’s responsibility) |
| Deduction without supporting documents | Demand proof |
Remedies if blocked
Formal notice
Send a registered letter to the landlord:
- Recall the findings from the property inventory
- State the deposit amount to be released
- Set a 15-day deadline
- Announce referral to the justice of the peace if no action
Justice of the peace
If the landlord does not respond:
- Refer to the justice of the peace in your canton
- Cost: court fee (approximately EUR 50)
- Hearing within 2-4 weeks
- The judge orders full or partial release
Prevention
- Participate actively in the move-out inventory
- Take photographs of each room
- Do not sign an agreement on deductions if you disagree
- Keep all lease documents
See our guides on the rental deposit and tenant rights.