When does the winter truce apply?
Verified 02 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)
The winter truce applies from 1to November to March 31 of the following year. During this period, the eviction of the tenant from his dwelling 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 by order of the judge).
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Housing inhabited by the tenant
No tenant may be evicted from their dwelling during the period of winter truce. This period extends from 1to November to March 31 (inclusive) of the following year.
But winter truce does not apply when there is a relocation solution that meets the tenant's needs (the number of rooms must match the number of occupants).
During winter truce, an owner has the right to expulsion procedure by entering protection litigation judge, including by way of interim measures (emergency procedure). If the judge orders the expulsion, then it will be effective from the end of the winter truce.
FYI
overseas departments (Dom), one cyclonic truce may also apply. Dates vary according to the department, you should ask the prefecture concerned.
Housing occupied by a squatter
Squatters are people who occupy a place (housing, garage, land...) after having entered it illegally.
Then lodge a complaint and demand the evacuation of the squatters.
When squatters occupy a dwelling (main or secondary residence), eviction may take place, regardless of the time of year. The winter truce does not apply.
Expulsion ordered by the Family Court
In case of divorce proceedings
When the Family Court decides within the framework of thenon-conciliation order that the spouse must be expelled from the marital home, expulsion may take place even during the winter truce.
In case of violence in the couple (married, paced, concubines) or on a child
When the Family Court decides within the framework of a protection order that the violent person must be expelled from the conjugal home, expulsion can take place even during the winter truce.
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The Allo Public Service is currently disrupted. We apologise for this.
The informants who answer you belong to the ministry in charge of housing and city planning.
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The service is available at the following times:
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Support, advice and prevention services in case of eviction risks related to unpaid rent situations. This service is for both the owner and the tenant.
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- Code of Civil Enforcement Procedures: Articles L412-1 to L412-8L412-6: Winter Truce - L412-8: Violence
- Order No. 2021-141 of 10 February 2021 on the extension of the winter truce2021 Covid-19
- Ministerial Response of 23 June 2020 on the expulsion of the spouse who remains in the dwelling despite the non-conciliation orderDivorce procedure
- Unpaid rent and eviction of tenantService-Public.fr
- Unpaid rents and eviction of the tenantNational Institute of Consumer Affairs (INC)