Recieving Rent Deposit

Jessrecess · 2019-01-31T20:07:34+01:00

Struggling to get your rent deposit back in Brussels? Share your experiences and seek legal advice on reclaiming deposits effectively.

Jessrecess Member

Member since 31 January 2019

JessrecessMember31 January 2019 18:07:34

Hello there,
So I've been having a problem with my previous landlord ever since I moved out about 5 weeks ago.
Basically I have haven't received my deposit of 1400 euro's back from him without any explanation. I've been to his offices twice and sent over a dozen emails.
Intially he would give excuses as to why the money hasn't been wired (e.g accounting error, on holiday or already sent and will be arriving soon) but at this stage I don't really believe him,

If anyone can advise me legally on what to do (I know in the u.k they have the Request for Return of Security Deposit form) I would very much appreciate it.

Thanks in advance

phipiemar VIP Member

Member since 01 May 2013

phipiemarVIP Member01 February 2019 09:10:37

4733

Hi,

In what form did you give your rental deposit? If it's in cash to your landlord, it's forbidden.

Legal dispositions
The guarantee must be deposited in an escrow account at the bank in the name of the owner and the tenant.

The law provides that the guarantee can be constituted by the tenant in 3 ways:

the tenant blocks the entire amount in the bank: in this case, the guarantee does not exceed 2 months rent (without charges);

the tenant does not have the totality of the sum: he can pay constant monthly payments to the bank (the same amount each month) during minimum 1 year (if the lease is one year) and maximum 3 years (if the lease is 3 years old or older). In this case, the guarantee will be 3 months rent (without charges);

Warning; this modality is hardly used, banks almost systematically refuse to do so.

via the CPAS of reference: the CPAS concludes a contract with the bank. The bank gives the owner a bank guarantee of 3 months rent. The owner does not know that the CPAS intervenes in the guarantee of the tenant.

Via organizations such as the Housing Fund or some associations that聽 /!\ I AM A STUPID SPAMMER /!\nbsp; for rental guarantees.

Some homeowners sometimes ask for cash back guarantee money, that is, hand-to-hand, or the owner's personal account. Although common, these practices are illegal.

If despite all the tenant agrees to give "in cash" the amount of the guarantee, it is very important that it requires a receipt signed by the owner, with the date, indicating the mention "for rental guarantee". In the case of a payment on the personal account of the owner, it should also be mentioned in communication that it is a rental guarantee for such housing and the date of the beginning of the lease.