When does the winter truce apply?

Verified 28 October 2024 - 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). We explain the regulations.

The situation differs depending on whether the dwelling is inhabited by the tenant or occupied by a squatter or whether an eviction has been ordered by the family court judge:

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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.

FYI  

In the overseas departments (Dom), a cyclonic truce may also apply. The dates vary according to the departments, you should ask the relevant prefecture.

Who shall I contact

Housing occupied by a squatter

A squatter is a person who occupies a place (housing, garage, land...) after having entered it illegally.

To regain possession of the dwelling, you must file a complaint and request the squatter's evacuation.

When a squatter occupies a dwelling (principal residence or secondary residence), the eviction can take place, regardless of the time of year. The winter truce does not apply.

Expulsion ordered by the Family Court

In divorce proceedings

Where the family judge decides in the context of the non-conciliation order If one of the members of the couple is to 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 evicted from the marital home, the eviction can take place even during the winter break.

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