What protections for landlords who are victims of squatters or unpaid rents?

Following the adoption of the Law of 27 July 2023, all rental contracts signed since 29 July must include an automatic termination clause in the event of non-payment of rent or charges, or in the event of non-payment of the security deposit.

A landlord can ask a justice commissioner to issue an order to pay to a tenant in default. On the document given to the tenant, it must be indicated in particular the sums that are claimed from him. The tenant then has 6 weeks to pay the amounts due. If the landlord does not repay the debt and does not dispute the amount of the debt, the landlord can refer the matter to the protection litigation judge to find that the lease is terminated and order the eviction of the tenant.

If a tenant stays in a dwelling for more than 2 months after a final eviction order, which resulted in a regular order to leave, they can now be sentenced to €7,500 of fine. This penalty does not apply during the winter break, or if the tenant receives a decision to stay the eviction.

Tougher Punishment for Squatters

Punishments for squatters are now greater: Unlawful entry into a person’s home is punishable by up to 3 years in prison and €45,000 a fine (compared to 1 year in prison and a €15,000 fine); and occupying the house is punishable by the same penalties.

Furthermore, the Law of 27 July 2023 clarified the criminal definition of domicile: ‘a person's domicile is any dwelling place containing movable property belonging to him, whether or not that person lives there and whether or not it is his principal residence’. Secondary residences are therefore also concerned by the offense of violation of domicile.