Security deposit in a residential lease - empty Accommodation

Verified 09 juin 2026 - Public Service / (Prime Minister)

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  • It's an empty dwelling
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The owner (or real estate agency) may require a security deposit, in only some cases:

  • When the rent is to be paid in advance each month, the owner (or the real estate agency) may require the payment of a security deposit upon signing the lease. The amount of security deposit must not exceed 1 month's rent (excluding charges), and it must be indicated in the lease. The landlord (or real estate agency) cannot increase the amount of the security deposit during the lease, or at the renewal of the lease.
  • When the rent is payable in advance every 2 months, the owner (or the real estate agency) may require the payment of a security deposit upon signing the lease. The amount of security deposit must not exceed 1 month's rent (excluding charges), and it must be indicated in the lease. The landlord cannot increase the amount of the security deposit during the lease, or at the renewal of the lease.
  • When the rent is payable in advance every quarter, the security deposit is prohibited.

The security deposit is used by the owner (or the real estate agency) to guard against possible future failures of the tenant, such as lack of maintenance of housing, rental repairs not done, unpaid rent or loads...

At the end of the lease, the owner (or the real estate agency) can deduct from the amount of the security deposit to be refunded costs that he assumes taking into account the failures of the tenant. To do this, he must rely on the inventory of entry and exit, and be able to justify the sums deducted by the presentation of a quote or invoices, a letter of claim for unpaid rents remained unanswered...

When the owner (or real estate agency) may require a security deposit (sometimes called by mistake bond), this amount must be paid to him at the signing of the lease.

If the tenant pays the security deposit in cash , it may require the owner (or real estate agency) to give it a receipt proving that the amount given corresponds to the amount of the security deposit.

If the tenant pay the security deposit by check, the owner (or real estate agency) can cash it.

Please note

At the signing of the residential lease, the owner (or real estate agency) can receive from the tenant the payment of rent, security deposit and real estate agency fees related to the rental (inventory, visit of the housing...)). However, requiring the tenant to pay other sums to obtain the signature of the lease is prohibited, even if this obligation is provided for by one of the clauses of the lease.

A tenant with low income can apply for assistance to pay the security deposit.

These may in particular be the Loca-Pass advance awarded by Action housing , or the aid granted by the Solidarity Fund for Housing (FSL).

It is up to the owner (or real estate agency) to return the security deposit (sometimes called by mistake bond) to the tenant.

When the dwelling was sold or transferred free of charge to a new owner during the lease, it is up to this new owner to return the security deposit to the tenant.

In case of a change of real estate agency during the lease, it is up to the new real estate agency to return the security deposit.

At the end of the lease of an empty dwelling, the owner (or real estate agency) returns the security deposit (called by mistake bond) to the tenant, under certain conditions. It all depends on the state of the entry and exit places:

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Exit inventory in accordance with the entry inventory

What is the deadline for returning the security deposit?

At the end of the lease, the landlord (or real estate agency) must return the security deposit (sometimes mistakenly called a deposit) within a maximum period of 1 month.

The period starts from the day the tenant returns the keys to the accommodation by one of the following means:

  • Either by hand
  • Either by registered letter with acknowledgement of receipt

The amount returned to the tenant may be inferior the amount paid by the tenant, because of deductions or provisions.

Please note

When handing over the keys, the tenant indicates to the owner (or to the real estate agency) his new contact details (new address, RIB).

What are the deductions from the security deposit?

A deduction is an amount that the owner (or the real estate agency) can keep.

This amount may correspond to an amount remaining due by the tenant. For example, it may in particular be a case of unpaid rent or charges.

In case of detention, the owner (or real estate agency) must give the tenant supporting documents. These may include, for example, the following documents: inventory of entry and exit, photos, a statement made by a commissioner of justice (formerly a judicial officer's statement), invoices or works estimates, unanswered claim for unpaid rent...

The tenant can challenge the deductions. It can use the following template letter:

Dispute the invoice for the rehabilitation works of his former home

What is the provision on the security deposit?

When the dwelling is part of a condominium, the owner (or the real estate agency) must make a provisional statement of expenses. He may keep a provision until the annual approval of the building's accounts. The amount of the provision must be established on the basis of supporting documents. It must not exceed 20% the amount of the security deposit.

Within one month after the final approval of the building's accounts, the owner (or real estate agency) must make the final adjustment of the expense accounts and return the balance to the tenant.

FYI  

The tenant and the landlord (or real estate agency) can agree to immediately settle all accounts without waiting for the approval of the building's accounts.

Exit inventory not in accordance with the entry inventory

What is the deadline for returning the security deposit?

At the end of the lease, the landlord (or real estate agency) must return the security deposit (sometimes mistakenly called a deposit) within a maximum period of 2 months.

The period starts from the day the tenant returns the keys to the accommodation by one of the following means:

  • Either by hand
  • Either by registered letter with acknowledgement of receipt

The amount returned to the tenant may be inferior the amount paid by the tenant, because of deductions or provisions.

Please note

When handing over the keys, the tenant indicates to the owner (or to the real estate agency) his new contact details (new address, RIB).

What are the security deposit deductions?

A deduction is an amount that the owner (or real estate agency) can keep.

This amount corresponds to an amount remaining due by the tenant. For example, it may be an unpaid rent or expenses, costs linked to damage or rental works not made.

In case of detention, the owner (or real estate agency) must give the tenant supporting documents. For example, it can be the following documents: inventory of the entrance and exit, photos, statement made by a commissioner of justice (formerly statement of judicial officer), invoices or quotes of works, letter of claim of unpaid rents remained unanswered...

The tenant can challenge the deductions. It can use the following template letter:

Dispute the invoice for the rehabilitation works of his former home

What is the provision on the security deposit?

The owner (or real estate agency) must make a provisional statement of expenses. He may keep a provision until the annual approval of the building's accounts. The amount of the provision must be established on the basis of supporting documents. It must not exceed 20% the amount of the security deposit.

Within one month after the final approval of the building's accounts, the owner (or real estate agency) must make the final adjustment of the expense accounts and return the balance to the tenant.

FYI  

The tenant and the landlord (or real estate agency) can agree to immediately settle all accounts without waiting for the approval of the building's accounts.

Inventory of entry not done

It all depends on the reason why the inventory of the entrance has not been made:

By refusal of the owner (formal notice remained ineffective)

When the owner (or the real estate agency) refuses to make an inventory of the premises of entry, the tenant must send him a formal notice to do it.

If the landlord (or real estate agency) persists in its refusal despite this formal notice, it will have to prove at the end of the lease that it has given the housing in good condition to assert the damage caused by the tenant.

By refusal of the tenant

The tenant is considered to have received the housing in good condition rental repairs. He will have to return it in good condition for rental repairs, unless he can prove the initial bad condition of the dwelling. Proof can be provided, for example, by means of photographs taken by a commissioner of justice (paid procedure).

For other repairs (works payable by the lessor or dilapidated of the premises), it is up to the owner (or the real estate agency) to demonstrate that they are attributable to the tenant.

By negligence of the owner and the tenant

The tenant is considered to have received the housing in good condition rental repairs. He will have to return it in good condition for rental repairs, unless he can prove the initial bad condition of the dwelling. Proof can be provided, for example, by means of photographs taken by a commissioner of justice (paid procedure).

For other repairs (works payable by the lessor or dilapidated of the premises), it is up to the owner (or the real estate agency) to demonstrate that they are attributable to the tenant.

Inventory of amicable exit impossible to do

It is impossible to establish an amicable inventory in each of the following cases:

  • When the tenant or the owner (or the real estate agency) does not go to the appointment of the inventory
  • When the tenant or the owner (or the real estate agency) refuses to make an inventory
  • When the tenant or owner (or real estate agency) refuses to sign the inventory.

Then you have to call on a commissioner of justice (formerly judicial officer and judicial auctioneer) who will take care of the inventory (or rental report). The Commissioner of Justice can be contacted by the owner or tenant. The costs requested by the commissioner of justice are shared by half between the tenant and the owner (or the real estate agency).

Please note

The Commissioner of Justice's rate for a rental report is regulated. It depends in particular on the place of its intervention (metropolis or Drom: titleContent).

The Commissioner of Justice notifies the tenant and the owner (or real estate agency) of the appointment at least 7 days in advance by registered letter with acknowledgement of receipt. Even in the absence of the tenant or the owner (or the real estate agency), the commissioner of justice prepares a report (rental report) whose findings are binding on the tenant and the owner (or the real estate agency), without possible dispute.

  • If the tenant is not present at the appointment set by the commissioner of justice, the owner (or the real estate agency) must seize the protection litigation judge the court on which the accommodation depends. The judge will note the tenant's refusal and appoint a justice commissioner to obtain the handover of the keys.
  • If the owner (or real estate agency) is not present at the appointment set by the commissioner of justice, the tenant can return the keys to the owner (or real estate agency) by registered letter with acknowledgement of receipt. In the absence of an inventory of the premises of exit, the tenant is considered to have restored the housing in good condition.

When the landlord (or real estate agency) does not return the security deposit (sometimes mistakenly called a deposit) within the prescribed time, the tenant must give formal notice the owner (or real estate agency) to return it to him.

The amount of the security deposit to be returned to the tenant is increased by an amount equal to 10% the monthly rent (excluding charges) for each month of delay started.

Be careful, this penalty does not apply when the delay is caused by the fact that the tenant has not indicated to the owner (or to the real estate agency) his new address when handing over the keys.

Example :

For a security deposit of 90 euros, a rent (excluding charges) of 120 euros, and 5 months late:

  • Penalty amount per month of delay: 120 x 10 / 100 = 12 euros
  • Penalty amount for 5 months late: 5 x 12 = 60 euros
  • Total amount due to the tenant for 5 months late: 90 + 60 = 150 euros

To give notice to the owner (or real estate agency) to return the security deposit and pay the penalty, the tenant must send him a registered letter with acknowledgement of receipt. It can use the following letter template:

Request a refund of the unreturned security deposit

When the owner (or real estate agency) refuses to return the security deposit despite this registered letter, the tenant must take other steps, which depend on the amount owed by the owner (or by the real estate agency):

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Less than €5,000

The tenant must take an amicable approach by involving:

This procedure is mandatory in order to be able subsequently, possibly, to refer the matter to the judge.

More than €5,000

The tenant can refer the matter directly to the judge. But he can first take an amicable approach by involving a conciliator of justice, the departmental commission of conciliation (CDC) or a civilian mediator, and perhaps avoid referring the matter to the judge.

Bring the matter directly before the judge

The tenant must refer the matter to the protection litigation judge the court on which the accommodation depends.

The court must be seised within 3 years from the day on which the security deposit should have been returned.

Initiate an amicable approach, then refer the case to the judge if necessary

Initiate an amicable approach (optional step) 

Bringing the matter before the judge

If the amicable approach fails, the tenant must refer the matter to the protection litigation judgethe court on which the accommodation depends.

The court must be seised within 3 years from the day on which the security deposit should have been returned.

No, the tenant must pay the full rent and charges to the landlord (or real estate agency) on the agreed date, until the end of the lease. It is forbidden to deduct the amount of the security deposit, it's illegal.

Consequently, if the tenant deducts the amount of the security deposit from the last rent:

  • The owner (or real estate agency) does not issue rent receipt. Note that the rent receipt is essential to receive a housing assistance.
  • The owner (or real estate agency) can, without recourse to the judge, make a preservation the amount due to him on the bank account of the tenant.
  • The landlord (or real estate agency) can also ask the judge to order the tenant to pay him the unpaid rent and damages and interest. For this, he must seize the protection litigation judge the court on which the rented accommodation depends.

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