Rental deposits in Brussels: amount, forms and return

The rental deposit protects the landlord against unpaid rent and damage. It is not required by law, but almost every lease provides for one. Its amount, form and return, however, are strictly regulated.

The amount

For leases concluded or renewed since 1 November 2024, the deposit may not exceed two months' rent excluding charges, whatever its form. For older leases, a bank guarantee could still reach three months.

Permitted forms

The tenant chooses among the forms provided by law:

• a blocked account in the tenant's name, the most common form;
• a bank guarantee built up in instalments over a maximum of three years;
• a bank guarantee via the CPAS, without the landlord knowing where it comes from;
• an online deposit via the e-DEPO application of the FPS Finance;
• a real security or a personal guarantee.

The deposit may no longer be handed over in cash to the landlord, nor paid into their personal account. The Brussels Housing Fund can help low-income tenants put it together, without the landlord being informed.

Return

The deposit can only be released at the end of the lease, by written agreement of both parties or by decision of the justice of the peace. In practice, its amount is set after the check-out inventory. The landlord has two months after the keys are returned to release it; beyond that, they owe the tenant 10% of the rent for each month of delay.

Mistakes to avoid

• Asking for more than the legal cap.
• Letting the tenant use the deposit as the last month's rent.
• Being slow to price damage after the check-out inventory.

What BDW Invest does

We check the deposit is in place before handing over the keys, arrange the check-out inventory with an independent expert and promptly price any damage to meet the deadlines.

Sources: Bruxelles-J, rental deposits · be.brussels, November 2024 lease reform