Skip to content
BELtogether
EN
TRTürkçeNLNederlandsFRFrançaisENEnglish
DEPENDS Flanders Brussels Wallonia

How many months' rent can a landlord ask for as a deposit? Can I pay it to the landlord directly?

In short

It depends on the region. In Brussels and Wallonia the landlord can ask for at most 2 months' rent, in Flanders at most 3 months' rent. The money is paid into a blocked bank account in your name; do not give it to the landlord directly.

Share on WhatsApp
This rule in 66 seconds
Video transcript

You're renting a new home. The landlord wants the deposit in cash, handed over in person. It depends: At most 2 months' rent in Brussels and Wallonia, at most 3 in Flanders. The money goes into a blocked account in the tenant's name. The right way: Don't hand over cash; have a blocked account opened, and the interest is yours. The money is released by written agreement at the end. If you disagree: Brussels, late return: 10% of the rent per month; Cash handed over: Hard to prove; Decision: Justice of the peace.

What is not allowed, what is required?

  • A rental deposit (huurwaarborg / garantie locative) is only paid if the lease provides for it. The money is paid into a blocked account in the tenant's name, and the interest belongs to the tenant.
  • Flanders: for leases signed after 1 January 2019, the deposit is at most 3 months' rent. It can take the form of a blocked account, a bank guarantee through the OCMW, or a guarantor if the landlord agrees.
  • Brussels: for leases signed or renewed from 1 November 2024, the deposit is at most 2 months' rent. Unless there is a dispute in court, the landlord must release the money no later than 2 months after the keys are returned. If the landlord is late, they must pay an extra 10% of the monthly rent for each month of delay.
  • Wallonia: since 1 June 2023 the deposit, in whatever form, is at most 2 months' rent. If you cannot pay the money, the CPAS can help with a bank guarantee.
  • The money in the account can only be released with a written agreement signed by both parties after the lease ends, or by court order. If you cannot agree, you can go to the justice of the peace (vrederechter / juge de paix).

Penalty and indirect consequences

PENALTY NOTICE
Fine / payment
No criminal penalty. If the landlord keeps the money instead of putting it in a blocked account, they owe the tenant interest. In Brussels, 10% of the monthly rent is added for each month of late return.

Legal basis:Woninghuurdecreet 9.11.2018, art. 37 §2 + Décret bail 15.3.2018, art. 62 §2

Court / prison
No prison sentence. In a dispute, the justice of the peace decides.

Legal basis:Ger.W. art. 591, 1°

What really matters: the indirect consequences

  • If the tenant has damaged the home, the cost of repairs can be paid from the deposit by agreement or by court order

    Legal basis:Woninghuurdecreet 9.11.2018, art. 37 §3

  • In Flanders, if the landlord does not put the money in a blocked account, the tenant can treat the deposit as rent already paid; the tenant then pays the same amount into a blocked account in their own name

    Legal basis:Woninghuurdecreet 9.11.2018, art. 37 §2

  • Cash handed over directly is hard to prove; you may have to go to court to get it back

What do these terms mean?

Justice of the peace
The local court in every canton for everyday disputes such as neighbour conflicts, rent and small debts. It first tries to reconcile the parties.

All terms: glossary →

Why does this rule exist?

The deposit protects the landlord if the tenant leaves debts or damages the home. The blocked account protects the tenant: the landlord cannot take the money on their own, and the interest goes to the tenant.

Where can you go?

  • Municipal planning departmentAsk before you start the works (dienst omgeving / service urbanisme)
  • Tax office – land register (cadastre)Report renovation works through MyMinfin
  • Social interpreterAt the municipality, the OCMW/CPAS, school and hospital, you can ask for an interpreter in your language; it is often free.

This site does not handle individual cases; it points you to the right service. All help addresses

Source and reliability

Official source
Source check
18 / 18 statements in an official source
Checked: 23.10.2026
Last checked
23.10.2026
Rules can change
Show the 18 checked statementsopen

The checked statements are in Turkish, as in the source text. This check does not replace legal advice.

General information, not legal advice. For your own situation, ask a lawyer or free legal aid. How was this information prepared?

Related rules

Home and buildingDepends

Can my landlord raise the rent every year? By how much?

Yes, but only once a year and in line with the health index. The landlord must request it in writing and can backdate it by at most 3 months. In Brussels, and for some older leases, there are limits linked to the energy performance certificate.Open the rule Home and buildingDepends

Can I end my lease early? Can my landlord make me move out?

Yes, a tenant can always leave by giving 3 months' notice. If you leave in the first few years, you may have to pay compensation. The landlord can only end the lease on grounds set by law and with a long notice period.Open the rule Home and buildingRequired

When I move into a rented home, is an inventory of its condition compulsory, and must the lease be registered?

Yes. A detailed inventory of the property's condition must be drawn up when you move in. The landlord must register the lease and the inventory within 2 months of signing. If the lease is not registered, the tenant gains certain rights.Open the rule