WINTER BREAK. The end of the winter break is scheduled for March 31, 2023. Find out what this changes in terms of eviction.
[Mis à jour le 29 mars 2023 à 10h07] The winter break is over. Indeed, it runs from November 1, 2022 to March 31, 2023. During this time, the procedures for eviction of a tenant who no longer pays his rent, are suspended. However, the winter break does not apply in certain situations. This truce does not apply to the squatter occupying a dwelling. Nor does it concern eviction from the marital home ordered by the judge in the event of violence or divorce proceedings. At the end of the truce, and if the problem has not been resolved, be aware that the rental eviction procedure may resume and be executed by a bailiff. As a reminder, the principle of the winter break has been extended to gas and electricity cuts, which are now prohibited during this period.
The winter break covers the five months of the cold season. Like every year, it therefore starts November 1, and short until March 31 of the following year. The law for access to housing and renovated urban planning (Alur) of 2014 extended the duration of this truce which previously ended on March 15. In this way, French law protects the right to housing, and guarantees tenants that they cannot be evicted during the coldest period of the year.
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In principle, a tenant cannot be evicted from the accommodation he occupies for the duration of the winter break, regardless of the reason for which the landlord has initiated proceedings: unpaid rent, neighborhood disturbances, lack of insurance, etc. However, there are specific cases in which expulsion remains possible:
- if the expulsion is accompanied by a rehousing solution adapted to family needs tenants (if the accommodation offered in return is made up of a sufficient number of rooms with regard to the number of occupants);
- if the occupation of the dwelling represents a risk for its tenants (building that has been the subject of a danger decree);
- if the lessee who is the subject of proceedings is the spouse of the lessorwhen there is a violent situation, or in the context of a divorce.
Find everything you need to know about the winter break in our dedicated file:
All tenants are affected by the winter break, regardless of their personal circumstances and resources. The exception relates to “squatters”, that is to say people who entered the premises by force, without the agreement of the owner and without having signed a rental lease. The Alur law of 2014 had relaxed this measure against squatters, but the Elan law of 2018 reinstated it. Squatters may thus be subject to eviction proceedings during the winter break.
The winter break suspends from Tuesday 1er November 2022 to Friday March 31, 2023 the eviction of a tenant, in particular due to successive unpaid bills. However, some people are not protected by the winter break:
- People benefiting from rehousing corresponding to their family needs;
- Squatters occupying a home whether it is a main or secondary residence;
- Squatters occupying a garage or land. In this case, the judge who pronounces the expulsion can decide to abolish the winter break or to reduce its duration;
- The spouse whose eviction from the marital home has been ordered by the family court judge within the framework of the order of non-conciliation of a divorce procedure;
- The spouse, PACS partner or violent partner in the couple or on a child whose expulsion from the family home has been ordered by the family court judge as part of a protection order.
At the end of the truce, and if the problem has not been resolved, the rental eviction procedure may resume and be executed by a bailiff.
The winter break protects housing during the cold season. This protection extends to energy suppliers. Concretely, operators are prohibited from cutting off electricity in homes during the winter break, whatever the situation – especially in the event of unpaid bills. On the other hand, they can, under certain conditions, reduce the power supplied. “If your subscription is 6 kVA or more, you will be limited to 3 kVA”, explains the National Consumer Institute (INC) on its site. This also applies to gas suppliers. The purpose of this measure is to guarantee access to heating and electricity to all tenants.
Please note: however, energy consumption during this period remains due! Would you like to know more about electricity prices? Check out our article now: