Who benefits from the winter truce?
It's important to stress that this protection exclusively concerns legally established tenants, i.e. those who have entered into a lease contract to occupy their home. Since a legislative amendment in 2018, squatters no longer benefit from the winter truce period. The law precisely defines what a squatter is: "persons who have entered someone else's home without right or title, using maneuvers, threats, assault or coercion". On the other hand, tenants whose leases have been terminated due to the acquisition of a resolutory clause, or those who are improperly remaining in the premises following a notice of termination from their landlord, are not concerned and will continue to be protected by the winter truce. It should also be noted that the principle of the winter truce has been extended to gas and electricity cuts. They are also prohibited during this period.
Who is not protected by the winter truce?
- People who have been rehoused in accommodation suited to their family needs.
- Squatters, whether they occupy a primary or secondary residence, a garage or a plot of land. In such cases, the judge responsible for the eviction may decide to cancel or reduce the duration of the winter truce.
- Spouses who have been ordered evicted from their marital home by a family court judge as part of divorce proceedings.
- Spouses, PACS partners or cohabitants involved in situations of violence within the couple or towards a child, whose eviction from the family home has been ordered by the family affairs judge as part of a protection order.
What happens after March 31?
At the end of the winter truce, rental evictions can resume. Evictions are only carried out by a bailiff if the landlord has first obtained a court order to do so. Time is saved if you have a notarized lease with an executory clause. During the truce, the landlord must take action if he notices problems with his tenant, such as unpaid rent. But there are solutions to be found before such problems arise. As soon as the first rent arrears appear, you should contact the tenant and encourage him to find solutions: apply for assistance, look for accommodation with a lower rent... It's a good idea to send the tenant a registered letter to keep a written record. If that's not enough, after the2nd month's unpaid rent, you should have a bailiff issue a "summons to pay" to the tenant. If nothing happens, you'll have to take your case to the "juge des contentieux de la protection" to have the tenant evicted.
