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Coverage

Rental deposit

Belgium — rental deposit (Regional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du Logement)

NationalBEUnverified — check before relying on it

Belgium

Rule id
deposit.be
Version
1.0.0
In force from
September 1, 2018
Last read against its sources
August 5, 2026
Countries bound
Belgium

In plain language

What this regime says.

Belgium regulates residential deposits under the Regional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du Logement. Disputes are decided by Vredegerecht / Justice de paix for the canton where the property is. This module names the instrument, the holder and the forum; it deliberately states no figures, because we could not verify them in this review cycle.

Who is covered

Tenants of residential property in Belgium.

What you get

Return of the deposit to the extent the landlord cannot justify keeping it, decided by the forum named above.

Where claims go wrong

  • Assuming the deposit is with your landlord when the law requires it to be somewhere else — several of these regimes require a blocked account or a deposit with a public body.
  • Letting the local limitation period run while you negotiate.
  • Not asking for the interest. Several European regimes require the deposit to earn interest for the tenant, and it is almost never paid unasked.

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. Regional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du LogementRegional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du LogementURL verified 2026-08-05

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

No separate source is recorded: every figure in this entry comes from the cited instrument itself.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

What it entitles you to, beyond money

  • Determination by Vredegerecht / Justice de paix for the canton where the property isYou are entitled to have the return of your deposit determined by Vredegerecht / Justice de paix for the canton where the property is rather than left to the landlord. We are not stating what it will award.
  • An itemised, evidenced accountEvery regime in this product places the burden of justifying a deduction on the landlord. Ask for invoices, quotations and dated photographs, not a round number.

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

"The property needed cleaning and redecorating"

high likelihood

The landlord charges for cleaning, carpet wear, scuffed paint or tired fittings and treats the deposit as a refurbishment fund.

What answers it

Fair wear and tear from ordinary use is not a recoverable loss in any of the regimes this product covers — a deduction must reflect damage or a breach beyond ordinary use, must be evidenced, and must be reduced for the age and remaining life of the item. Ask for the invoice, the check-in and check-out evidence, and the calculation.

"Prove you did not cause it"

high likelihood

The landlord asserts damage and expects the tenant to disprove it, often without a check-in inventory.

What answers it

It is the party seeking to keep the money who must justify keeping it. Where there is no dated check-in record to compare against, an adjudicator has nothing to measure the alleged damage from, and the deduction generally fails on that ground alone.

Where to take it next

  1. Write to the landlord or agentAsk in writing for the deposit back and for an itemised, evidenced account of anything withheld. A dated written request is what every body below will want to see first.Claim direct
  2. Apply to A blocked individual account (geblokkeerde rekening / compte bloqué) in the tenant’s nameA blocked individual account (geblokkeerde rekening / compte bloqué) in the tenant’s name administers the deposit and operates the first-line claim or release process.Alternative dispute resolution
  3. Apply to Vredegerecht / Justice de paix for the canton where the property isBinding on themVredegerecht / Justice de paix for the canton where the property is can make a binding order about the deposit.Court

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Albania — rental deposit (Kodi Civil (Civil Code), qiraja)ALNational — AlbaniaKodi Civil (Civil Code), qirajaConfidence: lowAustria — rental deposit (Allgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG))ATNational — AustriaAllgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG)Confidence: lowBosnia and Herzegovina — rental deposit (The law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislation)BANational — Bosnia & HerzegovinaThe law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislationConfidence: lowBulgaria — rental deposit (Закон за задълженията и договорите (Obligations and Contracts Act), наем)BGNational — BulgariaЗакон за задълженията и договорите (Obligations and Contracts Act), наемConfidence: lowCroatia — rental deposit (Zakon o najmu stanova and the Zakon o obveznim odnosima)HRNational — CroatiaZakon o najmu stanova and the Zakon o obveznim odnosimaConfidence: lowCyprus — rental deposit (Rent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contract)CYNational — CyprusRent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contractConfidence: lowCzechia — jistota / kauce (Občanský zákoník § 2254)CZNational — CzechiaObčanský zákoník (89/2012 Sb.), § 2254Confidence: highDenmark — rental deposit (Lov om leje (lejeloven), consolidated with effect from 1 July 2022)DKNational — DenmarkLov om leje (lejeloven), consolidated with effect from 1 July 2022Confidence: low

Other rights in the same countries

Belgium — action en réparation collective (Code de droit économique, Book XVII)BENational — BelgiumCode de droit économique / Wetboek van economisch recht, Livre XVII, Titre 2 (arts. XVII.35 et seq.)Confidence: lowBelgium — SNCB/NMBS compensation for delays and for repeated delays on season ticketsBENational — BelgiumRegulation (EU) 2021/782 as applied in BelgiumConfidence: lowEuropean Union — delivery rights on consumer sales (Directive 2011/83/EU, Art. 18)EUSupranational — 30 countriesDirective 2011/83/EU, Art. 18Confidence: mediumEuropean Union — price indication, drip pricing, pre-ticked extras and surchargingEUSupranational — 27 countriesDirective 98/6/EC, arts. 2(a) and 3(1)Confidence: highEuropean Union — rail passenger rights (Regulation (EU) 2021/782)EUSupranational — 30 countriesRegulation (EU) 2021/782, Art. 19Confidence: highEuropean Union — Representative Actions Directive (EU) 2020/1828EUSupranational — 27 countriesDirective (EU) 2020/1828 on representative actions for the protection of the collective interests of consumersConfidence: highEU cross-border healthcare — Directive 2011/24/EU reimbursement, the EHIC and the S2EUSupranational — 27 countriesDirective 2011/24/EU, Arts. 6, 7 and 8Confidence: highEU air carrier liability for baggage (Regulation (EC) No 2027/97)EUSupranational — 31 countriesRegulation (EC) No 2027/97, Art. 1 (as amended by Regulation (EC) No 889/2002)Confidence: high

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

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Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.