Search Q&A
Etat des lieux - landlord refusing to release rental guarantee
I've heard of many instances in which landlords, or estate agents, refuse to release the amount of money that a tenant "blocked" on a bank account - even in the absence of damages to the flat, and even when the result of the état des lieux conducted by an expert was positive (no damages).
This seems to be a common practice, particularly in Brussels.
Landlords refuse to release the rental guarantee, relying on the fact that a tenant will not start a lawsuit, due to the costs and stress involved.
Please, share your experience.
'This seems to be a common practice'
The problem is that one rarely, if ever, hears people commenting when everything goes perfectly. If you feel ripped off it's detailed on this website, Twitter, Facebook and verbally face-to-face to anyone who will listen. If you have been treated fairly, you may tell your closest friends and that will be it.
The reality is that there is no way of knowing what percentage of landlords treat their tenants badly.
My own experience of over 20 years here and with 3 adult stepsons is that, between the 4 families, there must have been at least a dozen moves out of various apartments. No-one has ever complained of unfair treatment by a landlord.
If the "etat des lieux" was OK and the money was not released, then you have a strong case to go to the "juge de paix".
In case of conflict:
1) tell the landlord you will consult with the "syndicat de locataires"
2) tell the landlord the "syndicat" agrees with you and they will help you pursue the landlord in court for whatever. This normally should scare the sh1t out of them
3) if it does not work, then try to reach an agreement
4) as a last resort, go to the juge de paix
