What is the legal cap on a rental deposit in France, Belgium or Italy? Who keeps the interest? Where must the money be held? This page gathers, country by country, the legal rules on residential security deposits in Europe, each with the statute it comes from and its verification date. Anything our sources do not establish is written exactly that way, never replaced by an approximation.
Our sources were last verified on 26 July 2026 (research on official consolidated texts: Légifrance, Moniteur belge, Wallex, Vlaamse Codex, wetten.overheid.nl, Legilux, Normattiva, BOE, Diário da República).
1. The table, country by country
| Country | Legal cap | Return deadline | Interest owed to the tenant | Where the money must be held | Statute | Verified |
|---|---|---|---|---|---|---|
| France | 1 month’s rent (unfurnished), 2 months (furnished) | 1 month if the exit inventory matches the entry one, 2 months otherwise, plus a penalty of 10% of the monthly rent per month of delay | No: the law rules it out expressly (the deposit “does not bear interest for the tenant’s benefit”) | No custodian imposed: paid to the landlord, directly or through a third party | Law no. 89-462 of 6 July 1989, art. 22 and 25-6 | 26/07/2026 |
| Belgium, Brussels-Capital | 2 months, whatever the form (leases signed or renewed since 01/11/2024) | Release within 2 months of handing back the keys, penalty of 10% of the monthly rent per month of delay | Yes: interest capitalised for the tenant | Individualised account in the tenant’s name with a financial institution approved by the FSMA | Brussels Housing Code, art. 248 and 249 (ordinance of 4 April 2024) | 26/07/2026 |
| Belgium, Wallonia | 2 months, all forms (since the decree of 19/05/2023) | No numeric deadline in our sources: release upon written agreement of both parties, drawn up at the earliest at the end of the lease, or by court decision | Yes: interest capitalised for the tenant | Individualised account with a financial institution | Walloon housing lease decree of 15 March 2018, art. 62 | 26/07/2026 |
| Belgium, Flanders | 3 months: the highest residential cap in this table | No numeric deadline in our sources: release upon written agreement or court decision, claims time-barred one year after the end of the lease | Yes: interest capitalised for the tenant | Individualised account with a financial institution (other forms provided by the decree) | Vlaams Woninghuurdecreet of 9 November 2018, art. 37 | 26/07/2026 |
| Netherlands | 2 months of bare rent (excluding service charges) | 14 days after the end of the lease, 30 days where there are damages or arrears, with a full written breakdown of any deduction | No: no legal rule, the matter is left to the contract | The landlord holds it, no segregation imposed | Art. 7:261b of the Burgerlijk Wetboek (Wet goed verhuurderschap, 2023) | 26/07/2026 |
| Luxembourg | 2 months (since 01/08/2024, down from 3) | Half within 1 month of handing back the keys if the exit inventory is compliant, the balance within 1 month of receiving the service charge statements, penalty of 10% per month of delay | No: the law is silent | No custodian imposed, no blocked account required | Amended law of 21 September 2006, art. 5 (2), as amended by the law of 23 July 2024 | 26/07/2026 |
| Italy | 3 months’ rent, a mandatory cap | Not established by our sources | Yes: statutory interest paid to the tenant at the end of each year, a public-order obligation (2026 statutory rate: 1.60%) | The landlord holds it, no separate account imposed | Legge n. 392/1978, art. 11 | 26/07/2026 |
| Spain | 1 month (housing), 2 months (non-housing use), in cash | The law sanctions delay: statutory interest owed by the landlord beyond one month after the keys are returned | No: the regional deposit is expressly non-interest-bearing (“sin devengo de interés”) | In most Autonomous Communities, the fianza must be lodged with the regional public body (Incasòl in Catalonia, Agencia de Vivienda Social in Madrid, IGVS in Galicia) | Ley 29/1994 (LAU), art. 36 and additional provision 3ª | 26/07/2026 |
| Portugal | 2 months’ rent (cap introduced on 01/01/2023) | Not established by our sources | No: no legal rule | The landlord holds it, no public custodian | Código Civil, art. 1076.º n.º 2 (cap: Lei n.º 24-D/2022) | 26/07/2026 |
Note on Portugal: a reform approved by the Council of Ministers on 9 July 2026 would remove this cap. It is not in force: the text still has to be voted. This page will be updated if it is.
2. What the table shows: three Europes of the deposit
The first Europe lets the landlord hold the money freely: France, the Netherlands, Luxembourg and Portugal impose neither a custodian nor interest for the tenant. France goes furthest and expressly rules out any tenant right to a return.
The second makes the money work for the tenant: the three Belgian regions require an individualised account with a financial institution, interest capitalised in the tenant’s favour, and Italy obliges the landlord to pay statutory interest every year, a public-order rule that everyday practice massively ignores.
The third hands the money to the state: in Spain, the legal fianza must be lodged with the Autonomous Community’s public body in most regions, earning interest for no one but that body.
These rules cover housing leases. Deposits on objects and vehicles fall under none of these statutes: for that case, see our page on the vehicle rental deposit.
3. Our method, and why parts of this table are incomplete
Every row cites its statute, read on the official consolidated version, and carries its verification date. Where our sources do not establish a value, the cell says so: “not established by our sources”. We prefer an honest empty cell to an approximate figure: that is the rule behind everything SafeYield publishes. Who writes, and how each claim is checked: our verification method is published in full. When a text changes, the row is revisited and the verification date with it.
Frequently asked questions
Why are the rules so different from one country to another?
Because security deposits belong to national tenancy law, and sometimes regional law: Belgium has three distinct regimes. No European rule harmonises the cap, the return deadline or who gets the interest.
Where does this information come from?
From each country’s official consolidated texts, cited row by row in the table and listed in the sources at the bottom of the page. No value comes from a third-party site or an estimate.
What does SafeYield do differently from these regimes?
SafeYield entrusts the deposit to a neutral third party, visible to both sides in real time, with a release that requires both to agree. If disagreement persists, a mediation space opens, and if agreement remains impossible, the judge decides.
A deposit nobody holds alone
SafeYield entrusts the deposit to an independent third party, visible to both sides, with a release that requires both to agree.
- Law no. 89-462 of 6 July 1989, art. 22. legifrance.gouv.fr
- Brussels Housing Code, art. 248, rewritten by the ordinance of 4 April 2024. etaamb.openjustice.be
- Walloon decree of 15 March 2018 on housing leases, art. 62. wallex.wallonie.be
- Vlaams Woninghuurdecreet of 9 November 2018, art. 37. codex.vlaanderen.be
- Burgerlijk Wetboek, Boek 7, art. 7:261b. wetten.overheid.nl
- Luxembourg law of 23 July 2024 amending the law of 21 September 2006. legilux.public.lu
- Legge 27 luglio 1978, n. 392, art. 11. normattiva.it
- Ley 29/1994 de Arrendamientos Urbanos, art. 36 and A.P. 3ª. boe.es
- Portuguese Código Civil, art. 1076.º. diariodarepublica.pt