In Wallonia the rental deposit is placed on an individualised blocked account in the tenant’s name, capped at two months rent, and is released only with both signatures or a court order. Alternatives are a progressive bank guarantee or a CPAS guarantee, and interest on the account belongs to the tenant.
The deposit (garantie locative) secures the landlord against unpaid rent and damage, but the money does not belong to the landlord during the lease. Under the decree of 15 March 2018, the standard route is an individualised account opened in the tenant’s own name at a financial institution, with the sum blocked for the duration of the lease (logement.wallonie.be, 2018). Interest earned accrues to the tenant, not the landlord.
There are two other lawful forms. A tenant who cannot pay the full sum up front can ask their bank for a bank guarantee built up in monthly instalments, and for leases entered from 1 June 2023 that guarantee is capped at two months rent (uvcw.be, 2018 to 2023). The third form is a bank guarantee set up through a standard contract between the CPAS (public social welfare centre) and a bank, for tenants who qualify for social support.
Since 3 May 2021, a tenant can also borrow the deposit at zero interest through the Societe wallonne du credit social, which spreads the cost without weakening the landlord’s cover (uvcw.be, 2021). The choice of form belongs to the tenant among the legal options, and the landlord cannot simply demand cash into their own bank account.
The point that catches landlords out is release. The blocked account only unlocks with the written agreement of both parties or a judgment from the justice of the peace. A landlord who wants to keep part of the deposit for damage cannot help themselves to it; they must obtain the tenant’s signature or a court ruling. Brussels also caps the account deposit at two months, while Flanders allows three, so the regional rule matters.
At a glance
- Standard form: individualised blocked account in the tenant’s name
- Cap on account deposit: two months rent (Wallonia)
- Interest: accrues to the tenant
- Progressive bank guarantee: capped at two months rent for leases from 1 June 2023
- CPAS guarantee: available for tenants who qualify for social support
- Zero-interest loan: via Societe wallonne du credit social since 3 May 2021
- Release: only with both signatures or a decision of the justice of the peace
- Regional note: Brussels two months, Flanders three months