Rental guarantee
in Flanders

The rules governing the rental guarantee are specific to Flanders, since each of the 3 Belgian regions has adopted its own rules concerning residential leases.

In the Flanders region, the regional housing code has been in force since January 1, 2020. This regional regulation replaces the federal law on leases of principal residences.

To understand the specifics of the Walloon region, read our page on rental guarantees in Wallonia. To find out more about the new housing law in the Brussels-Capital Region, read our page on the Brussels rental guarantee.

The law in force at federal level in Belgium concerning leases of principal residences is the law on rents. This federal law was last updated with its 14th edition in March 2013.

In recent years, each region has introduced its own regional regulations governing residential leases. In 2019, Flanders will introduce a new Housing Code to replace the federal law on leases of principal residences.

The Flanders Housing Code is largely based on the outline and rules for ordinary 9-year leases in the old federal legislation.

On the other hand, on certain aspects of principal residence leases, the regional housing code incorporates rules exclusive to Flanders.

The maximum amount varies according to the type of rental guarantee specified in the lease.

• In Flanders, as in the other Belgian regions, the amount of a bank rental guarantee obtained directly or with the help of the CPAS must represent 3 months’ rent for the rented property;
• In the case of a rental guarantee held in a blocked account, the amount payable by the landlord is a maximum of 3 months’ rent in Flanders. This rule is specific to Fandre;
• In the case of other types of warranty, the law does not lay down any principles, leaving the parties to the contract free to agree. However, it is customary in the Flemish region to withhold a maximum of 3 months’ rent in the case of a deposit obtained from a guarantor, for example.

Flanders offers several types of assistance to help you build up a rental guarantee. These solutions are accessible to people on low incomes, and the process of obtaining them is anonymous in order to combat discrimination.

The main assistance in Flanders is provided by the Flemish Housing Fund. Since January 1, 2019 a zero-interest loan has been offered by Flanders to people with financial difficulties. The loan amount is limited to 1,800 euros, which may be increased depending on the composition of the family household. This loan must be repaid within 2 years by the beneficiary tenant.