France’s Winter Protection on Rental Evictions: Trêve hivernale

Exceptions to Trêve hivernale

The winter moratorium plays a vital role in providing housing security for many individuals during challenging times. However, understanding the moratorium’s limitations is essential for both landlords and tenants. While it protects against evictions due to unpaid rent, there are a few key exceptions to this rule.

1. Alternative Housing Is Available

• While the moratorium protects tenants from eviction, this safeguard does not apply if the tenant has suitable alternative housing available.
• In these cases, the landlord may initiate an eviction by filing with the “judge des contentieux de la protection,” even during the winter.
• If the court rules in favor of eviction, the tenant must vacate once the moratorium ends on March 31.

2. Squatters

• The moratorium does not extend to squatters, individuals who illegally occupy a residence without the owner’s permission.
• If a squatter occupies any property, whether a primary or secondary residence, the property owner can pursue legal action to regain possession.
• Squatters can be evicted at any time of year, regardless of the moratorium.

3. Family Court-Ordered Evictions

• Family court rulings, particularly during divorce proceedings, may override the moratorium.
• In cases where the family judge (judge aux affaires familiales) orders one spouse to leave the family home as part of an interim measure, this eviction may occur despite the winter moratorium.

4. Protective Orders in Domestic Violence Cases

• In situations of domestic violence, the family court may issue a protective order mandating the expulsion of an abusive partner.
• This measure, aimed at safeguarding victims and children, remains enforceable even during the winter moratorium.