When does the winter truce apply?

No tenant may be evicted from their accommodation during the period of winter break. This period is from 1^er November to March 31 (inclusive) of the following year.

But the winter break does not apply where there is an alternative accommodation corresponding to the needs of the tenant (the number of rooms must correspond to the number of occupants).

During the winter break, a landlord has the right to hire a expulsion procedure by typing the protection litigation judge, including interim measures (urgency procedure). If the judge orders the expulsion, then it will be effective as soon as the winter break.

Squatters are people who occupy a place (housing, garage, land...) after having entered it illegally.

Then you have to file a complaint and request the evacuation of the squatters.

When squatters occupy a dwelling (primary or secondary residence), the eviction can take place, regardless of the time of year. The winter break does not apply.

In divorce proceedings

When the family judge decides in the context of thenon-conciliation order that the spouse must be expelled from the matrimonial home, the expulsion may take place even during the winter break.

In case of violence in the couple (married, past, cohabiting) or on a child

When the Family Court Judge decides in the context of a protection order that the violent person must be expelled from the marital home, the expulsion can take place, even during the winter break.