When does the winter truce apply?
Verified 02 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)
The winter truce applies from 1er November to March 31 of the following year. During this period, the eviction of the tenant from his accommodation cannot take place, it is postponed. But the winter truce does not apply in other cases (squatter occupying a dwelling, expulsion from the marital home on the order of the judge).
To learn more, select your situation:
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Housing inhabited by the tenant
No tenant may be evicted from their accommodation during the period of winter break. This period is from 1er 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.
in the overseas departments (Dom), a cyclonic truce may also apply. The dates vary according to the departments, you should ask the relevant prefecture.
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Housing occupied by a squatter
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.
Expulsion ordered by the Family Court
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.
Who can help me?
Find who can answer your questions in your region
- Code of Civil Enforcement Procedures: Articles L412-1 to L412-8L412-6: Winter truce - L412-8: Violence
- Ordinance No. 2021-141 of 10 February 2021 on the extension of the winter truceCOVID-19 in 2021
- Ministerial Response of June 23, 2020 regarding the eviction of the spouse who is in the dwelling despite the non-conciliation orderDivorce proceedings