Under the decree of 15 March 2018, the deposit can take one of three lawful forms: an individualised blocked account, a bank guarantee built up in monthly instalments, or a bank guarantee arranged through a CPAS standard contract (logement.wallonie.be, 2018). The right to pick among these belongs to the tenant, not the landlord. A landlord who insists on one particular form, or who refuses a validly constituted progressive guarantee, is acting outside the law.
The reasoning is that all three forms give the landlord equivalent security. A progressive bank guarantee capped at two months rent for leases from 1 June 2023 protects the landlord to the same ceiling as a blocked account (uvcw.be, 2023). The bank stands behind the tenant's obligation, so the landlord is not worse off for accepting instalments.
There is a hard limit the other way, too. A landlord may not require the deposit to be paid directly into their personal or business account. The money must sit in a blocked account in the tenant's name or be covered by a bank or CPAS guarantee, precisely so that neither party can spend it during the lease (logement.wallonie.be, 2018).
The counter-intuitive takeaway is that a landlord's attempt to be selective usually backfires. Refusing a lawful guarantee does not strengthen the landlord's position; it creates a legal weakness the tenant can rely on. The safest posture for a landlord is to accept any of the legal forms and focus instead on a rigorous entry inventory, which is what actually protects the property.
At a glance
| Question | Answer |
|---|---|
| Can the landlord refuse a lawful bank guarantee? | No |
| Who chooses the deposit form? | The tenant, among the legal options |
| Progressive guarantee cap (from 1 June 2023) | Two months rent |
| Can cash go to the landlord's own account? | No, it must be blocked or guaranteed |
| Is the landlord's cover reduced by a guarantee? | No, protection is equivalent |
| CPAS guarantee accepted? | Yes, a lawful form |