The claim for assessment of an astreinte (penalty for non-compliance)

Application pratique:

Under the Cour de cassation ruling of 27 September 2016, the tenant's claim for astreinte is connected to the landlord's right to rent, allowing legal set-off. The tenant may deduct the €4,500 from the next quarterly rent payment of €6,000, paying only €1,500. To do this safely, the tenant should send the landlord a formal notice by registered post, enclosing the court order, a calculation of the accrued astreinte, and a statement that the rent is being partially offset. Keep copies of all correspondence to evidence good faith should the landlord challenge the deduction.

Application pratique:

The 2016 Cour de cassation precedent confirms that an astreinte arising from unperformed works can be set off against rent. The tenants can withhold the full March rent (€800) and apply the remaining €400 against April’s rent. They must provide the landlord with a detailed written statement before the rent due date, referencing the court order, the daily penalty rate, and the exact period of default. To avoid being labelled as non-paying tenants, they should continue to pay the balance of rent once the astreinte is exhausted and maintain proof of all communications.

Application pratique:

This landlord must recognise that the Cour de cassation (27 September 2016) allows tenants to lawfully offset such astreinte claims against rent, provided they are connected to the same lease and the landlord’s default. To limit his loss, he should immediately complete the ordered works to stop further penalty accrual. Legally, he cannot successfully sue for the unpaid rent portion that is covered by the astreinte set-off unless he proves the works order was complied with or the tenant’s calculation is wrong. Moving forward, he should treat court-ordered repair deadlines as strict to avoid similar financial deductions.