Rental deposit in Brussels: amount, forms and return

Which rules apply to your lease

The Brussels ordinance of 4 April 2024 changed the deposit rules. Two regimes therefore coexist:

• Leases concluded or renewed on or after 1 November 2024: the rules below.
• Earlier leases: an individual blocked account was capped at two months’ rent; a bank guarantee built up gradually, or one arranged by the public social welfare centre (CPAS), could reach three months’ rent.

If you are unsure which applies, look at the date of signature or of the last renewal, for example when a nine-year lease rolls over.

The amount

From 1 November 2024, the deposit may not exceed two months’ rent, whatever its form. The deposit is intended to cover the landlord if the tenant fails, in whole or in part, to meet their obligations (unpaid rent, damage beyond normal wear).

The five forms the tenant may choose

1. An individual account opened in the tenant’s name with a financial institution approved by the Belgian financial regulator, the FSMA. Interest is capitalised for the tenant’s benefit, and the landlord holds a priority claim on the account for what the tenant owes.
2. A bank guarantee under a standard contract between a CPAS and a bank. The CPAS makes the application.
3. A bank guarantee that the tenant builds up gradually: the bank guarantees the full amount from the start, and the tenant pays it back in constant monthly instalments over the lease, over three years at most, with no interest owed to the bank. The tenant applies at the bank where their income is paid; the bank cannot refuse because of the tenant’s solvency.
4. A real security (a pledge) with an approved financial institution, in the tenant’s name.
5. A personal guarantee (a guarantor). It may be combined with forms 1 to 4 for a student lease.

The choice belongs to the tenant, not the landlord. If the landlord receives cash and does not place it on a blocked account, they owe the tenant interest at the average financial-market rate, with the legal rate as a minimum, from the day they received it.

Getting it back

At the end of the lease, the deposit and its interest go back to the tenant, provided they have met their obligations. The bank can release the money only on:

• a written agreement signed by both parties after the lease has ended (a letter or a special bank form), or
• a copy of an enforceable court judgment.

For leases from 1 November 2024, the Code adds a deadline: unless the matter goes to court, the deposit must be released within two months of the tenant handing the keys back. In a building with several flats managed by one person, such as a syndic, the landlord may keep part of the amount back until the annual accounts are closed. If the landlord is late, they owe the tenant 10% of the deposit multiplied by the number of months of delay.

Practical consequence: do the exit inventory of fixtures before you hand the keys over, and keep proof of the date of handover. See also ending a lease for the notice rules.

Help paying the deposit

The Region organises support through the Housing Fund and the CPAS. The Housing Fund can lend up to 100% of the deposit at a 0% rate, with a maximum repayment period of 24 months, or help through the BRUGAL fund, for which members pay a monthly contribution of €12 to €37 depending on income. The conditions are tied to eligibility for social housing, so check with the Housing Fund before relying on it.

Other regions

Housing leases are regional. In Wallonia, the Walloon Housing Decree also caps the deposit at two months’ rent (art. 62). Flanders has its own decree and its own limits, so check them before signing a lease outside Brussels.

Which professional to consult

• A bank or insurer for the forms of guarantee.
• A surveyor to draw up the entry and exit inventories on which the return depends.
• A lawyer or the Justice of the Peace if the landlord refuses to release the deposit.