Today marks the start of the winter truce. It runs until March 31, 2025. During this period, tenants cannot be evicted from their homes. The winter truce was born out of Abbé Pierre’s famous appeal in 1954: “My friends, help, a woman just froze to death last night!“. It was enshrined in law in 1956 and has been applied every year since. Since 2014, it has lasted longer, but previously it extended from December 1 to March 15. What does a landlord risk if he fails to comply with the winter truce?
“First of all, the police will not agree to evict a tenant manu militari during the winter truce. If a landlord does not respect the winter truce, that means he is taking the law into his own hands. Whether a landlord evicts a tenant during the winter truce or outside it, it’s the same offence. Forcing a tenant to leave without using public force is punishable by law. The landlord is liable to three years’ imprisonment and a fine of 30,000 euros. Forcing a tenant to leave during the winter truce can be an aggravating circumstance if there is a trial. The court could be more severe“explains real estate lawyer Romain Rossi-Landi at Figaro.
Article 226-4-2 of the French Penal Code stipulates that: “the act of forcing a third party to leave the place where they live without having obtained the assistance of the State under the conditions provided for in article L. 153-1 of the code of civil enforcement procedures, using manoeuvres, threats, assault or coercion, is punishable by three years’ imprisonment and a fine of €30,000.“.
Over 21,000 households evicted by 2023
During the winter truce, enforcement of a court order to evict a tenant is suspended, but during this period landlords can continue to “issue payment ordersThe effects of these orders will be deferred until the end of the winter break. Many people think that during the winter truce, everything comes to a halt, but this is not true.“says Rossi-Landi. In case of unpaid rentlandlords and tenants can contact the legal experts at the Agence départementale de l’information sur le logement, Adil, who can offer advice via their SOS Loyers Impayés telephone line (0805 16 00 75).
In 2023, 21,500 households were evictedan increase of 23% compared to 2022, according to the Ministry of Housing. “There is a big discrepancy between the number of evictions ordered per year and the number of actual evictions.“points out the real estate lawyer. Around a third of evictions ordered become effective. According to Rossi-Landi, this discrepancy can be explained by the fact that prefects do not always grant the assistance of the police due to a lack of resources.
What about squatters? People without rights or title, who have not signed a lease, and who have broken into a dwelling, do not benefit from the winter truce, since the Elan law. “This is not automatic, however. Some courts continue to allow squatters to benefit from the winter truce. I’ve seen this in several court rulings“says Rossi-Landi.