Belgium Rental Deposit: Huurwaarborg and Garantie Locative Caps by Region

A Belgian landlord cannot ask for whatever deposit they like, and cannot hold it however they like either. All three Regions cap the amount a residential landlord can require, and all three require the money to sit somewhere the landlord cannot simply reach into: a blocked account in the tenant's own name, or one of a short list of statutory alternatives. What differs enough to catch a tenant or a landlord out is the cap itself, the accepted forms, and one Brussels only penalty for a landlord who is slow to return the money.

The deposit, huurwaarborg in Dutch, garantie locative in French, is genuinely not the same figure in Flanders, Wallonia and Brussels, and it changed again in Brussels in late 2024. Reading a number from the wrong Region's rule, or from a source that has not caught up with that change, is the most common mistake on this topic.

Information last verified on 22 July 2026. This page provides general legal information and does not constitute legal advice in an individual case.

The deposit cap, Region by Region

Brussels is the Region to watch here. Some sources still describe the change as taking effect in March 2024, but that is the date the Ordonnance was filed, not the date it entered into force. The uniform 2 month cap only became binding on 1 November 2024, under the Ordonnance du 4 avril 2024.

The accepted forms, and what is never allowed

The three regimes agree on more than they disagree on when it comes to form. In Flanders, Wallonia and Brussels alike, the deposit has to be held in the tenant's own name, whether that is a blocked account, a pledged account, or one of the guarantee mechanisms listed in the table above, and it accrues interest for the tenant, not the landlord. Cash handed over in person is never one of the permitted forms, in any of the three Regions. A landlord who insists on a cash deposit, or who tries to hold the money in their own personal account, is not following any of the three regimes.

Getting the deposit back

Releasing the deposit at the end of a tenancy needs either the written agreement of both landlord and tenant, or a court order from the vrederechter, the juge de paix, if they cannot agree. A landlord cannot unilaterally decide to keep some or all of the deposit; disputed deductions have to go through that same court, the one with jurisdiction over residential tenancy disputes regardless of the amount at stake.

Brussels’ 10 percent per month penalty for a late return

Brussels applies a rule that has not been confirmed anywhere else in Belgium: under article 249 §2 of the Code bruxellois du Logement, a landlord has 2 months from the moment the keys are handed back to release the deposit, and a 10 percent per month penalty runs against a landlord who misses that window. Treat this as a Brussels only rule. No equivalent late return penalty has been confirmed for Flanders or Wallonia, and this page does not assume one exists.

The plaatsbeschrijving / état des lieux, and what happens without one

An entry and exit inventory, the plaatsbeschrijving in Dutch, the état des lieux in French, is mandatory in all three Regions: Flanders art. 9, Wallonia art. 27, Brussels art. 220. It has to be drawn up jointly by the landlord and the tenant, at their shared cost, either while the unit stands empty or within the first month of occupancy.

Skip that step, and the consequence is the same general Belgian principle everywhere, not a Region specific rule: article 1731 of the Belgian Civil Code presumes, in the absence of an entry inventory, that the tenant received the premises in the same condition they are in at the end of the lease. In practice, that presumption is what stops a landlord recovering exit damages out of the deposit when no inventory was made at the start.

The deposit rules above sit alongside two other genuinely regional topics: how a Belgian lease actually ends, and the basics that make any residential lease valid in the first place, including who has to register it. Belgium's rent indexation rules, covered on their own page, are a separate question from the deposit and follow a different Regional split.

This page provides general legal information about the Belgian rental deposit and does not constitute legal advice for an individual case. The applicable cap, accepted forms and return rules depend on which Region the rented property is located in, and the underlying decrees and ordinances are amended from time to time. Confirm the current position with the competent regional administration, Belgian Tenant Rights, or a notaris / notaire, before acting.