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Posted at January 9, 2020
The winter break applies from November 1, 2022, to March 31, 2023.
Until 2014, before the global warming was news, the duration of the winter break was shorter than currently, ending on March 15!
Concretely, during this period, the tenant's eviction from his accommodation cannot take place and is postponed.
Following the call of Abbé Pierre on Radio Luxembourg in 1956, when France was experiencing an unprecedented cold snap, the winter break protected tenants in precarious situations during the five coldest months of the year.
Since then, a lessor cannot evict their tenant during this period. It is so even if a court has already confirmed an eviction procedure. The same truce operates with energy suppliers, guaranteeing tenants water, electricity, or gas, even in the event of unpaid bills. However, the consumption of these energies during the break remains due, and the tenant will eventually have to pay his energy bills.
This truce applies to residential accommodation, commercial premises, and staff accommodation.
Unfortunately, this blessed period for the poor has become a godsend for tenants, who, even in funds, wait for this period to make themselves a nest egg by not spending on rent. Then, after 5 or 6 months, they look for another accommodation and wait for the following year to start again. There are many such stories. Landlords rarely incur lawyer's costs knowing that the procedure can last three years, and informed tenants know this!
Finally, a recent law voted in the National Assembly would tend to revise the current procedures. Let's wait and see!
Among the adjustments of our 21st century, there has been a list of people unprotected by the winter truce. Here are the people who cannot appeal to the winter break for protection:
The Alur law of March 24, 2014, protects the tenant: From November 1 and March 31, tenants cannot be evicted, even if they don't pay the rent. However, they owe late rent when the truce ends.
The tenant has the following choices:
At the end of the truce, if the rental debt payment is not settled, the eviction procedure may resume and be executed by a bailiff.
During the winter break, the landlord is entitled to:
As soon as the tenant stops paying his rent, the landlord should start legal procedures for eviction before or during the winter break. Although evictions do not occur during the winter break, nothing prevents a landlord from initiating legal proceedings.
Here is a summary of the procedure to follow:
1. If the judge orders the termination of the lease and the eviction, it can only happen after the winter truce, i.e., March 31.
2. if the tenant has not paid his debt and your lease does not include a resolutory clause, take the matter to the litigation and protection judge in the court of law
Today, "The duration of the delays cannot be less than three months nor more than three years", a range that the recent bill (anti-squat and defaulting tenants) aiming to protect housing against illegal occupation aims to accelerate to 2 months to one year.
Several elements allow you to choose your tenant well and thus minimize the risk of unpaid rent:
Editor: Claire de Circourt
Sources: Le Figaro Immobilier, Les Echos