The rental deposit protects you as a landlord against damage or unpaid rent. But strict rules apply: ask for too much, or hold the deposit in the wrong account, and you are in breach. Here is what you need to know in Flanders in 2026.
How much deposit can you ask?
In the Flemish Region, the rental deposit for residential leases may amount to at most three months’ base rent. The Flemish Residential Lease Decree states this explicitly. The cap applies to all forms of residential rental — main residence, student housing or short term — and may not be exceeded, even with the tenant’s consent.
For comparison: in the Brussels-Capital Region the maximum is generally two months, and in Wallonia two to three months depending on the form.
Where must the deposit be held?
You may never keep the deposit in your own account. The law provides a few permitted forms:
- On a blocked account in the tenant’s name.
- Via a bank guarantee.
- Via a guarantee from the public welfare centre (OCMW), for vulnerable tenants.
What must the contract state?
The lease must clearly state the amount of the deposit, the form in which it is paid, and with which institution. You are also required to register the deposit together with the lease at the Federal Public Service Finance. This happens automatically when you register the contract via MyRent.
When do you return the deposit?
At the end of the tenancy you must in principle release the deposit within two months, provided there is no dispute over damage or outstanding amounts. If there is a dispute, in Flanders you have up to one year after the end of the contract to go to court. If you do not, the deposit goes entirely to the tenant.
Holding the deposit in your own account is one of the most common — and most expensive — mistakes landlords make.
Keep your records in order
A correct deposit starts with a correct property condition report and a well-kept contract. Proproll stores all your leases, condition reports and deposit documents securely in one document vault, so you have every piece of evidence on hand if a dispute arises.
This guide is general information and not legal advice. Consult a notary or legal advisor when in doubt.
