Founding legal texts for the rental deposit in Belgium
Belgian rental deposit law is built on several founding texts. This page sets out the precise legal framework applicable in 2026, the differences between the three regions, and the legal consequences of exceeding the maximum number of months’ rent.
For a practical overview of available solutions, see our rental deposit guide.
Federal level
- Belgian Civil Code (Title VIII, Book III) — general rules governing the lease agreement and the rental deposit.
- Law of 25 April 2007 — the key statute imposing protection of the tenant’s deposit.
- Complementary Royal Decrees — technical rules governing blocked accounts.
Regional level
Since the regionalisation of tenancy law in 2014, each region has its own developments:
- Wallonia: Decree of 15 March 2018 (Walloon Housing Code).
- Brussels: Brussels Housing Code (developments 2017-2022).
- Flanders: Flemish Woninghuurdecreet (Tenancy Decree).
This architecture explains why the rental deposit in Belgium has a common (federal) foundation but regional variations.
What the law says about the deposit amount
The law strictly caps how a rental deposit may be constituted — no deposit arrangement may ever exceed the legal maximum. These rules apply equally to traditional deposits and any online rental deposit solution (e-DEPO, Korfine, digital banking platforms).
| Method | Legal maximum | Legal basis |
|---|---|---|
| Deposit held in a blocked bank account | 2 months’ rent | Civil Code + Law of 2007 |
| Bank guarantee (via loan) | 3 months’ rent | Civil Code + Law of 2007 |
| Guarantee via PCSW/OCMW acting as guarantor | 3 months’ rent | Regional regime |
Any contractual clause requiring more is legally null and void. The tenant may refuse to pay the excess and a court will annul the clause in the event of a dispute.
The rental deposit in Belgium therefore remains strictly regulated: no hidden “surety” or additional deposit under another name is permitted.
The blocked account obligation: the founding principle
For the standard method (2 months), the law requires the deposit to be placed in a blocked bank account in the tenant’s name.
An individualised account
The tenant must open an account in their own name (specifying the rented property). The landlord has no access to it during the lease.
An interest-bearing account
The deposit held in a blocked account earns interest for the tenant. This interest is credited annually and belongs to the tenant.
No access to the funds
Neither the landlord nor the tenant may access the funds during the lease. Only a signed mutual agreement at the end of the lease or a decision by the Justice of the Peace allows the release of the deposit.
This rule protects the tenant against abuse and the landlord against the risk of the deposit disappearing if the tenant encounters financial difficulties.
Legal framework of modern solutions: e-DEPO, FPS Finance and private providers
The law permits several alternatives to a traditional bank account:
e-DEPO / MyMinfin (public service)
The FPS Finance rental deposit via e-DEPO is a legal alternative. The SPF acts as a trusted third party: the deposit is managed digitally, following a model similar to a public escrow service.
The variants e-DEPO, eDepot and MyMinfin rental deposit all refer to the same FPS Finance service — they are simply different spellings used across administrative communications.
Private solutions (Korfine and similar)
Korfine is a commercial solution that replaces a cash deposit with a paid guarantee (approximately 5% per year). It is legal provided it respects the statutory caps and consumer transparency rules.
The law does not explicitly name Korfine but regulates such providers through general financial services regulation (FSMA, Code of Economic Law).
Official deposits and consignments
Official deposits and consignments at the FPS Finance follow a stricter framework than private providers, with a Belgian state guarantee.
For a practical comparison of the 5 available solutions, see our rental deposit guide.
Release of the deposit: what the law says
At the end of the lease, the tenant returns the property and carries out the exit inventory (check-out inspection). The law provides for:
- Quick release if there is no dispute (a few days after agreement).
- Blocked funds if there is a disagreement (disputed damage, unpaid rent).
- Decision by the Justice of the Peace in the event of a persistent dispute.
Proceedings before the Justice of the Peace are free for small amounts (under EUR 5,000). They allow a swift resolution when landlord and tenant cannot agree on the release.
See also: property inventory.
Regional differences: what the law changes in 2026
| Region | Key legal feature |
|---|---|
| Wallonia | Decree of 15 March 2018 — EPC rules applicable |
| Brussels | Brussels Housing Code — enhanced tenant protection |
| Flanders | Woninghuurdecreet — rules specific to the Flemish Region |
The 2-3 month cap is identical across all regions, but release procedures and certain ancillary obligations (whether a property inventory is mandatory, for instance) vary.
Regional details: rental deposit Wallonia — rental deposit Brussels.
Sanctions and nullity of abusive clauses
What happens if a landlord imposes a deposit above the legal cap? The law provides for several sanctions:
- Nullity of any clause requiring more than the legal maximum.
- Refund of the excess to the tenant with interest.
- Damages possible in cases of manifest abuse.
Rental deposits in Belgium therefore remain strictly regulated: no demand for 6 months, no additional “security deposit” on top, no surety under another name.
It is also prohibited to:
- Demand a cash deposit paid directly to the landlord.
- Refuse to return the deposit without written justification.
- Unilaterally withdraw funds during the lease.
Rental deposit guide (practical overview) — Rental deposit Wallonia — Rental deposit Brussels — Lease agreement in Belgium — Property inventory.