It’s my businessthe franceinfo meeting on your rights in everyday life, is devoted today to the winter break from November 1 to March 31.
franceinfo: In concrete terms, what does this mean for landlords and tenants?
This means that, until March 31, a landlord will not be able to evict his tenant with the use of law enforcement, even if he has obtained a court decision which pronounced the eviction of the bad payer. The court decision is not enforceable during these six months. There is a suspension of the use of public force to execute a court decision.
Yes, but there are exceptions…
Absolutely, there are four cases in which a tenant subject to an eviction judgment may indeed be kicked out. This is firstly the case if the tenant already benefits from a rehousing solution adapted to his needs. This is also the case if the accommodation is affected by an insalubrity order. Third possibility, it concerns the squatters. If the accommodation is occupied illegally or after breaking and entering, the winter break does not apply.
Finally, this truce does not exist either for the spouse, the husband, the cohabitant or the partner of Pacs who is guilty of domestic violence. This one can be expelled by the police, even during the six months of truce of the expulsions.
Moreover, does the truce on evictions not prevent the landlord from acting?
Absolutely, from the first unpaid, the lessor owner can issue a formal notice to pay and initiate legal proceedings. You should know that a single unpaid opens the possibility for the lessor to implement a termination clause which will have the effect of terminating the rental contract.
Very recently, in the event of non-payment, a system has been put in place…
Yes, this device aims to better inform the judge who may have to order an expulsion order. This system already existed but it has just been better supervised and unified. From now on, social workers and lawyers will intervene, in particular to verify the amount of the debt. It happens that certain debts are prescribed, or that certain charges are not recoverable.
Moreover, as Louis Dumerle, legal director of Anil, the national agency for housing information, reminds me, there is a platform, “Sos unpaid rents”, which details, locally, all the advice and the help available in this type of situation.