The winter break has started for rental evictions. Owners can no longer initiate proceedings until March 31, 2022, with rare exceptions. Details from Maître Xavier Argenton, lawyer, specialist in real estate issues, in Paris.
franceinfo: The winter break for rental evictions, what does it mean in practice?
Xavier Argenton: A little historical reminder, it dates back to 1956, after the famous winter 54, when Abbé Pierre mobilized public opinion. Many expelled are victims of the very harsh winter, and therefore we institute a winter truce. From November 1 to March 31, we can no longer deport.
Even though there are exceptions …
There are two. The first concerns squatters and the Family Affairs judge can order the expulsion of an abusive spouse.
During this period, the owner can initiate actions?
The process leading to a judge’s decision is long, about a year, so you have to prepare in advance.
Can we demand to be rehoused?
There is a recognition of the right to opposable housing, so it is necessary to discuss with the DALO commission its particular case. And then the government, with the crisis, established a subordination, that is to say that the prefect must accompany the eviction of people with rehousing. He will say: I accept that the police are involved in the eviction, but I want to find a rehousing solution. So it is towards the State that the evicted tenants must turn to obtain rehousing, and the major instrument is then the social landlords.
Under what conditions is there a risk of being expelled?
A single unpaid rent can justify the start of an eviction procedure, this is the main reason. The second is neighborhood disturbances.
Who pronounces the expulsion?
He’s a judge. An owner cannot proceed with an eviction, under penalty of three years of imprisonment and a 30,000 euros fine.
So there can be an appeal?
Yes, within 15 days, if it is an interim order, and one month, if it is a judgment. The courts of appeal are generally more rigorous. There are other remedies against the measures of execution of this decision, before the execution judge and depending on the personal situation, the judge can grant a new deadline to the tenant.