WINTER BREAK. As of November 1, 2022, a landlord no longer has the possibility of evicting a tenant for non-payment. However, there are some exceptions. Eviction, squatter… We take stock.
[Updated Nov 1, 2022 08:18 AM] Let’s go for the winter break! From this Tuesday, November 1, 2022, and until March 31, 2023, the eviction procedures for a tenant who no longer pays his rent, will be suspended. However, the winter break does not apply in certain situations. This truce does not apply to the squatter occupying a dwelling. Nor does it concern eviction from the marital home ordered by the judge in the event of violence or divorce proceedings. At the end of the truce, and if the problem has not been resolved, be aware that the rental eviction procedure may resume and be executed by a bailiff. As a reminder, the principle of the winter break has been extended to gas and electricity cuts, which are now prohibited during this period.
The winter break covers the five months of the cold season. Like every year, it therefore starts on November 1 and runs until March 31 of the following year. The 2014 law for access to housing and renovated town planning (Alur) extended the duration of this truce which previously ended on March 15. In this way, French law protects the right to housing, and guarantees tenants that they cannot be evicted during the coldest period of the year.
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In principle, a tenant cannot be evicted from the accommodation he occupies for the duration of the winter break, regardless of the reason for which the landlord has initiated proceedings: unpaid rent, neighborhood disturbances, lack of insurance, etc. However, there are special cases in which expulsion remains possible:
Find everything you need to know about the winter break in our dedicated file:
All tenants are affected by the winter break, regardless of their personal situation and resources. The exception relates to “squatters”, that is to say people who entered the premises by force, without the agreement of the owner and without having signed a rental lease. The Alur law of 2014 had relaxed this measure against squatters, but the Elan law of 2018 reinstated it. Squatters may thus be subject to eviction proceedings during the winter break.
The winter break suspends from Tuesday, November 1, 2022 to Friday, March 31, 2023 the eviction of a tenant, in particular due to successive unpaid bills. However, some people are not protected by the winter break:
At the end of the truce, and if the problem has not been resolved, the rental eviction procedure may resume and be executed by a bailiff.
The winter break protects housing during the cold season. This protection extends to energy suppliers. Concretely, operators are prohibited from cutting off electricity in homes during the winter break, whatever the situation – especially in the event of unpaid bills. On the other hand, they can, under certain conditions, reduce the power supplied. “If your subscription is 6 kVA or more, you will be limited to 3 kVA”, explains the National Consumer Institute (INC) on its site. This also applies to gas suppliers. The purpose of this measure is to guarantee access to heating and electricity to all tenants.
Attention: however, energy consumption during this period remains due! Want to know more about electricity prices? Check out our article now:
