Judicial penalty payments in a rental dispute in Belgium
Judicial penalty payments in Belgian tenancy law: definition, conditions, amount, application to the justice of the peace and enforcement in case of non-compliance.
- 01 Definition
- 02 Conditions
- 03 How to request it
- 04 In practice
What is a judicial penalty payment
A judicial penalty payment (astreinte) is a financial pressure mechanism to compel a party to execute a court decision. In rental law, it arises when a landlord or tenant refuses to carry out obligations ordered by the justice of the peace.
| Element | Detail |
|---|---|
| Legal basis | Articles 1385bis to 1385nonies of the Judicial Code |
| Competent court | Justice of the peace (rental disputes) |
| Beneficiary | The party that won the case |
| Nature | Monetary sum per unit of time or per infringement |
| Limitation period | 5 years from the date it becomes due |
The penalty payment does not aim to compensate damage (that is the role of damages) but to force the execution of an obligation.
Conditions for a penalty payment
When the court can impose a penalty payment
| Condition | Detail |
|---|---|
| Obligation to do or refrain from doing | Yes (repairs, vacating premises, stopping nuisances) |
| Obligation to pay a sum | No (penalty payments cannot accompany a payment order) |
| Explicit request | Mandatory (the court does not impose it on its own initiative) |
Common cases in rental law
- Landlord ordered to carry out repairs
- Tenant ordered to stop nuisances
- Release of the rental deposit after a judgement
- Completion of the exit property inventory
How to request a penalty payment
In the application or summons
The penalty payment must be included in the written submissions to the court. Example wording:
- “Order the defendant to carry out the repairs within 30 days, subject to a penalty of 50 EUR per day of delay”
- “Order the defendant to cease the noise nuisances, subject to a penalty of 100 EUR per recorded infringement”
Enforcement
If the condemned party does not comply, the beneficiary can have it enforced by a bailiff. The bailiff can seize the debtor’s assets for the amount of penalties owed.
[!important] Legal point The penalty payment must not exceed a reasonable amount. The court can revise it if circumstances change. The condemned party can request reduction or cancellation if they prove it is impossible to comply.
In practice: when to request a penalty payment
The penalty payment is an effective tool when conciliation and formal notice have failed. It forces compliance with an obligation without launching new proceedings.
Consult the rental disputes guide and use a rental management software to document every step of the dispute. Create your leases online with clear clauses.