Security deposit not returned — Belgium: how to get it back

Your Rights and the Legal Deadlines in Belgium

Housing law in Belgium is regionalised: the rules governing security deposits differ between the Brussels-Capital Region, Wallonia, and Flanders. Always identify your region first, as it determines the applicable legislation, cap, deadline, and penalty.

Maximum Amount of the Deposit

The Brussels reform of April 2024, effective 1 November 2024, capped the deposit at 2 months' rent in the Brussels Region. The Brussels Housing Code describes five admissible forms of guarantee, including an individual blocked account in the tenant's name (interest capitalises to the tenant's benefit), a bank guarantee via the PCSW, or a real security with an authorised financial institution.

How the Deposit Is Held

The deposit is placed in a blocked bank account in the tenant's name. The money and any interest earned are locked until the end of the lease; the funds can only be released with the agreement of both the tenant and the landlord. Landlords must place the deposit in a blocked account within 30 days of receiving it; failure to do so can result in penalties. Paying the deposit in cash to the landlord's personal account is not permitted under Belgian residential tenancy law.

Return Deadline: When Must the Landlord Pay Back?

The rental deposit must be released within two months after the tenant has returned the keys in the Brussels-Capital Region. Normally, across Belgium, you should expect to get your deposit back within 1 month of moving out under standard practice.

The Exit Inventory: A Critical Precondition

The outgoing inventory of fixtures must be carried out within one month of the date on which the tenant vacates the premises. If it is not carried out within that one-month window, it may not be taken into account — meaning the landlord could encounter difficulties in claiming compensation for any rental damage. This rule strongly protects the tenant: if the landlord misses the deadline for the exit inventory, their ability to make deductions is severely limited.

What the Landlord Can — and Cannot — Deduct

Legitimate Deductions

• Unpaid rent or unpaid utility charges documented in the lease.
• Damage beyond normal wear and tear — e.g., holes in walls, broken tiles, stained carpets (not fading from sunlight), broken fixtures.
• Cleaning costs if the property was returned in a significantly dirtier state than documented at entry.
• Missing items listed in the entry inventory of fixtures (état des lieux d'entrée / plaatsbeschrijving).

If claiming damages, landlords must provide a detailed, itemised list with cost evidence. Vague or unsubstantiated claims (e.g., "general deterioration") are not legally valid grounds for withholding the deposit.

What the Landlord Cannot Deduct

• Normal wear and tear (vétusté / normale slijtage): faded paint, minor scuffs on floors, worn door handles — these are the landlord's responsibility after normal use.
• Pre-existing damage documented in the entry inventory or visible in its photos.
• Major repairs that are legally the landlord's structural obligation (roof, plumbing, structural damp).
• Deductions unsupported by quotes, invoices, or the exit inventory.
• Deductions made without an exit inventory that was completed within the legal timeframe.

The interest accrued on the blocked account during the entire tenancy belongs to the tenant and must be returned along with the principal.

Late Return: Penalties and Surcharges

Belgium applies financial penalties when landlords unjustifiably withhold or delay the return of the deposit beyond the legal deadline. The most precisely legislated penalty currently applies in the Brussels-Capital Region.

Brussels-Capital Region (since 1 November 2024)

The rental deposit must be released within two months after the tenant has returned the keys. If not, and in the absence of legal proceedings, the landlord will be liable for a penalty of 10% of the rent per month of delay.

This penalty is automatic and cumulative. Example: if your monthly rent is €900 and the landlord is 3 months late without any ongoing legal proceedings, the surcharge is 3 × €90 = €270, on top of the full deposit owed.

Wallonia and Flanders

Wallonia and Flanders do not provide an identical automatic statutory penalty rate in their decrees. However, a tenant can always claim:

• Statutory default interest (intérêts moratoires légaux / wettelijke interesten) on the withheld sum, from the date of formal notice.
• Compensatory damages before the Justice of the Peace if the unjustified withholding caused demonstrable harm.

For the current legal interest rate, consult the FPS Finance (finances.belgium.be). For Wallonia's specific rules, refer to logement.wallonie.be; for Flanders, to vlaanderen.be.

The Formal Notice (Mise en Demeure): Step-by-Step

Before taking any legal action, you must send a formal notice (mise en demeure / ingebrekestelling). This document is both a legal requirement and a powerful pressure tool. Follow these steps precisely:

1. Gather your evidence before writing. Collect: a copy of the signed entry inventory of fixtures, the exit inventory (signed or refused by the landlord), photos from both inspections, your lease contract, proof of key handover (email, receipt, registered letter), and bank records showing the deposit was paid.
2. Wait for the deadline to pass. Do not send a formal notice prematurely. In Brussels, the 2-month deadline starts from the date you returned the keys. In other regions, wait at least 1 month.
3. Draft the formal notice. It must contain:
   • Your full name, address, and contact details
   • The landlord's full name and address
   • The exact address of the rented property
   • The date the lease ended and the date the keys were returned
   • The amount of the deposit owed (principal + accrued interest)
   • The legal basis (cite your regional Housing Code)
   • A firm deadline for payment (typically 15 days)
   • A clear statement that legal proceedings will follow if the deadline is not met
   • In Brussels: an explicit reference to the 10% per month penalty already running
4. Send by registered post with acknowledgement of receipt (lettre recommandée avec accusé de réception / aangetekende brief met ontvangstbewijs). Keep the proof of sending and the signed receipt. An email alone is not sufficient as a formal notice in Belgian law.
5. Keep a dated copy of every document sent. If no reply or payment within 15 days, proceed to conciliation or the Justice of the Peace.

Recourse: Conciliation and Tribunal

Step 1 — Joint Rental Commission (Brussels only)

The Joint Rental Commission (Commission Paritaire Locative / Paritaire Huurcommissie, CPL) is an independent body in the Brussels-Capital Region. It can be contacted before going to court for mediation on rental disputes including deposit issues. It is free of charge. Contact it via be.brussels — Brussels Housing.

Step 2 — Justice of the Peace (All Regions)

The Justice of the Peace (juge de paix / vrederechter) is the court with jurisdiction for all residential tenancy disputes in Belgium. The procedure is relatively simple, fast, and inexpensive. Legal representation by a lawyer is not mandatory — you can represent yourself.

The Justice of the Peace is also competent for claims up to €5,000 (threshold raised from €2,500 since 1 September 2018). Security deposit disputes typically fall well within this threshold.

The Justice of the Peace also has the power to attempt conciliation between the parties at the start of the hearing — this is often the fastest route to a settlement. Justices of the Peace are specifically empowered to settle disputes; if conciliation fails, the judicial procedure can begin. A procedure before the Justice of the Peace is quite simple, quick, and inexpensive.

How to File a Claim

• By petition (requête): For tenancy matters, you may file a written petition directly at the clerk's office (greffe) of your local Justice of the Peace. No bailiff is required. This is the simplest and cheapest route.
• By summons (citation): Via a bailiff (huissier de justice), used when you want a strict legal deadline enforced. You advance the bailiff's costs, which are recoverable if you win.
• Find your local Justice of the Peace at: justice.belgium.be — Justices de Paix

Free Legal Aid

If you cannot afford a lawyer, you are entitled to apply for legal aid (aide juridique de deuxième ligne / pro-deo) via the Bar Association's Legal Aid Bureau (Bureau d'Aide Juridique, BAJ) in your jurisdiction. Contact your local bar (Ordre des Avocats / Orde van Advocaten) or consult justicefirst.be for guidance.

FAQ

Can my landlord deduct for normal wear and tear, or for repainting the entire flat?

No. Normal wear and tear (vétusté / normale slijtage) is entirely the landlord's responsibility under Belgian law. This includes faded or slightly marked paint, worn floors from regular use, and general ageing of fixtures. A landlord can only charge for damage that goes beyond what is expected from normal, careful use of the property. Repainting an entire flat after a standard tenancy of several years is generally considered maintenance, not damage chargeable to the tenant. The landlord must provide quotes or invoices and prove the damage in the exit inventory.

What if the landlord made no exit inventory within the legal deadline?

If the outgoing inventory of fixtures is not carried out within one month once the tenant has vacated the premises, it may not be taken into account. In such a case, the landlord could potentially encounter difficulties in claiming compensation for any rental damages. In practice, without a valid exit inventory, the landlord has no objective basis to justify withholding any part of your deposit, and a Justice of the Peace will likely rule in your favour for full restitution.

What if the landlord placed the deposit in their own account, not a blocked account?

In practice, landlords sometimes ask for the security deposit to be paid in cash or credited to their personal account. This is not permitted under Belgian residential tenancy law. If this occurred, you can take legal action to recover not only the full deposit amount, but also the interest you would have earned had it been properly placed in a blocked account. Raise this point explicitly in your formal notice and, if needed, before the Justice of the Peace.

My landlord has started legal proceedings — does that stop the 10% penalty in Brussels?

In Brussels, the 10% per month penalty applies in the absence of legal proceedings. This means that if the landlord has genuinely initiated court proceedings to dispute the deposit (e.g., filed a claim at the Justice of the Peace), the automatic penalty clock is suspended for the duration of those proceedings. However, the landlord cannot simply threaten proceedings to avoid the penalty — an actual, registered court procedure must exist. If the landlord's claim is unfounded and dismissed, you may seek the penalty from the date of key return to the date of the court decision, plus legal interest. Always consult a lawyer or the Joint Rental Commission (CPL) in Brussels for your specific situation.