A rental surety is a financial guarantee provided by tenants to landlords at the beginning of a lease agreement. Its purpose is to cover potential issues, such as unpaid rent or damages to the rented property. In Belgium, although establishing a rental surety is not legally mandatory, it is commonly required and must be clearly outlined within the lease agreement.
The process for returning rental surety
Conditions for refund
At the end of the lease, if tenants have met all their obligation. Including returning the property in good condition and paying all rents and charges owe, the rental surety should be returned in full. Typically, the refund occurs after an outgoing inventory check comparing the property's condition at departure against its state at the start of the lease.
Refund deadlines
Legally, landlords in Belgium have two months following the end of the lease to return the rental surety. During this period, landlords verify the property's condition and ensure all financial obligations have been settled by the tenant.
Actions available if your rental surety isn't returned
Unfortunately, some landlords may unjustly delay or refuse the refund of the rental surety. In such circumstances, tenants have several remedies available.
Formal notice
Initially, the tenant can send a formal notice (mise en demeure) to the landlord. This letter, sent by registered mail with acknowledgment of receipt, formally requests the return of the rental surety within a specified timeframe—usually between 8 and 15 days. Often, this official step can resolve the issue promptly.
Bringing the matter to the Justice of the Peace (Juge de paix)
If the landlord fails to respond to the formal notice or still refuses to return the rental surety, the tenant can escalate the matter by approaching the Justice of the Peace court in the jurisdiction where the property is located. This judicial procedure allows a judge to decide on the dispute, potentially ordering the landlord to refund the rental surety. Additionally, the judge will evaluate any alleged damages and determine what portion, if any, can be retained by the landlord.
Preventing rental surety disputes
To minimize disputes regarding the rental surety, it is essential for tenants to take preventive measures from the very beginning and throughout the lease.
Proper establishment of rental surety
It's highly recommended to deposit the rental surety into a blocked account opened in the tenant’s name. This ensures the security of the funds, as they can only be accessed with mutual agreement between landlord and tenant. In Belgium, online services such as e-DEPO offer secure and compliant methods to handle rental sureties according to current regulations.
Detailed inventory checks
Conducting thorough entry and exit inventory checks, preferably with supporting photographs, is crucial. This document, signed by both parties, serves as the main reference for evaluating the property's condition at the beginning and end of the lease. In case of disagreements, it acts as objective evidence regarding the condition of the property.
Transparent communication with the landlord
Open and transparent communication throughout the tenancy is key to preventing misunderstandings. Promptly informing landlords about any damages or necessary repairs helps build trust and may avoid conflicts at the end of the lease when the rental surety needs to be refunded.
Rental surety plays an essential role in protecting the interests of both landlords and tenants in Belgium. While not legally required, its usage is widespread and encouraged to secure commitments from both parties. If a landlord unjustly withholds this guarantee, tenants have clear legal remedies, including formal notice and judicial recourse through the Justice of the Peace court. Nevertheless, prevention remains the most effective strategy: properly establishing the surety, thoroughly documenting the property's condition, and maintaining open communication significantly reduce the risk of disputes over rental surety in Belgium.
