Getting Your Security Deposit Back: How to Return Your Apartment Clean and in Good Condition

You're moving, and you want your security deposit back. That process goes smoothly if the apartment is vacated, clean, and free of damage, and if you follow the right steps. If things go wrong, it could take months before you get your money back.

In this article, you'll learn how the rental security deposit works in Flanders, how to properly hand over your apartment, and what to do if your landlord refuses to cooperate.

1. How does the rental deposit work?

A security deposit is not required, but most landlords ask for one. For lease agreements entered into in 2019 or later, the deposit may not exceed three months' rent. For older agreements, the limit is two months.

You choose how to provide the security deposit: in a blocked account in your name, through a bank guarantee from the OCMW, through another form of business security, or with a personal guarantor if the landlord agrees. The landlord is not allowed to deposit the money into his own account.

2. How do you get him back?

The bank will release the guarantee only if:

• with a written consent between you and the landlord, which is drawn up no earlier than the end of the lease, or
• with a decision by the justice of the peace.

There is no legal deadline by which the landlord must sign. Therefore, be sure to request the release form from your bank in advance so that you can sign it right away when the keys are handed over.

3. The inventory upon departure

• Not always required: It must be drawn up if you or the landlord requests it. Please do so.
• Together and on a cost-sharing basis: The property inspection will take place with both of you present. If you hire an expert together, you'll each pay half.
• No later than the time of the key handover: So schedule them for a time when the house is already empty and clean.
• Don't agree? In that case, the justice of the peace may appoint an expert. That request must be made within one month after the residence has been vacated.

Was there no inventory of fixtures at the start of the lease? If not, it is assumed that you received the property in the same condition in which you are leaving it. The landlord cannot charge you for rental damage unless he can prove that you caused it.

4. Wear and tear or damage?

• Normal wear and tear, age, or force majeure you don't have to pay.
• Rental Damage, such as a broken tile, burn marks, or large holes in the wall, you will have to pay for them unless you can prove that it wasn't your fault.
• Minor maintenance and cleaning are always in the tenant's favor.

5. Handing Over the Property Empty and Clean: The Checklist

• Completely empty: This includes the basement storage area, the attic, the garage, the yard, and the patio. If you leave your belongings behind, the landlord can ask you to reimburse the costs of removing them. This often leads to a dispute over your security deposit.
• Cleaning: stains on the walls, in the kitchen, in the bathroom, and on the windows.
• Minor repairs: Fill in holes in the walls and replace broken light bulbs.
• Maintenance Certificates: Return them. The boiler certificate must still be valid on the last day of the lease.
• Meter readings: Write them down together, have both of them sign them, and take a photo of them.
• Keys: Hand over all the keys and ask for a signed receipt.
• Address: Notify your new municipality of your new address within 8 business days.

6. Your Schedule

• Cancellation: As a tenant, you can always give notice with a three-month notice period. This period begins on the first day of the following month. If you give notice during the first three years of a nine-year lease, you’ll have to pay a penalty equal to 3, 2, or 1 month’s rent.
• A few weeks beforehand: Walk through the apartment with your landlord. That way, you'll still have time to fix anything.
• After the move, before the property inspection: Have the last few items picked up and have the house cleaned.

We'll clear out your rental property, including the basement and attic, so that everything is ready for cleaning and the inventory inspection. For more information, contact house clearance.

7. The landlord won't sign. What now?

• Speak first: along with the property description and your photos as proof.
• Reconciliation before the justice of the peace: free and voluntary.
• Asking for help: at the municipal mediation service, the Private Rental Help Desk from the Flemish government, or the Tenants' Association (as a member).
• The justice of the peace: which adjudicates all rental disputes, regardless of the amount.

A landlord who wants to use your security deposit to cover damages must file a claim in court within one year after the end of the lease.

This article provides general information about lease agreements in Flanders and does not constitute legal advice.

Frequently Asked Questions

How long does the landlord have to return my security deposit?

There is no legal deadline. Therefore, it’s best to agree in advance that you’ll sign the release form when the keys are handed over.

Can the landlord charge me for items I leave behind?

He can ask you to reimburse him for reasonable costs incurred in removing items you left behind. With your security deposit, this is only possible with your written consent or a court order. So be sure to leave the apartment completely empty.

Should I have a cleaning company clean the house?

No, but the apartment has to be clean. Cleaning is always the tenant's responsibility. If you don't have time, you can have it done.

Can you clear out my rental unit after I've already moved out?

Yes. Please arrange with your landlord or real estate agent how we’ll gain access. Upon request, we’ll send photos of the empty property afterward.