Winter moratorium and tenant eviction in France
The winter moratorium temporarily protects tenants in France from forced evictions during a period set by law. If you face unpaid rent or receive an eviction order, it is important to know how to calculate moratorium dates, your rights and the steps available to challenge a procedure. This article simply explains the applicable rules, the deadlines to respect, the official assistance and contacts, and practical steps to request a delay or mediation. The aim is to give you clear guidance to act quickly and protect your home while complying with legal obligations.
The moratorium: rules and dates
The moratorium generally prohibits forced evictions during a defined period each year. The start and duration may depend on administrative or judicial decisions, and some proceedings started before the moratorium may have different effects depending on the case.[1]
Calendar and calculation
- Check the exact start and end dates of the moratorium for the relevant year.
- If an eviction judgment was issued before the moratorium, note the execution deadlines indicated by the judge.
- A notice to vacate served before the moratorium may differ from a physical eviction.
How the moratorium applies to an eviction procedure
The moratorium generally protects against physical eviction between the scheduled dates, but it does not automatically resolve outstanding rent. It is necessary to distinguish the judicial procedure (judgment, notice) from the material execution of eviction by a bailiff.[2]
Actions to take
- Gather proof of payments and all correspondence in case of arrears.
- Request an inventory and keep photos if the condition of the dwelling is at issue.
- Contact the departmental conciliation commission or a local assistance service to seek mediation.
Eviction proceedings and possible appeals
If a judge has ordered eviction, you may request delays, contact social services or apply for legal aid depending on your situation. Referral to the Tribunal judiciaire remains the framework to contest the decision or request a postponement.
Appeals and assistance
- Refer to the Tribunal judiciaire to oppose or request postponement of execution.
- Mobilize local social services and the departmental conciliation commission.
- Check eligibility for legal aid and housing payment assistance.
FAQ
- When does the winter moratorium start and how long does it last?
- The period is set by texts and annual decisions; check official dates each year to know the start and end of protection.
- Does the moratorium suspend rent debts?
- No, the moratorium generally prevents physical eviction but rent debts remain due and must be paid or contested.
- Can I stay in the dwelling if an eviction judgment was issued before the moratorium?
- The moratorium can suspend execution of the eviction, but you must act quickly to request delays or support measures via the court or social services.
- Where can I find help or legal advice?
- Contact the departmental conciliation commission, local social services or a lawyer to obtain advice tailored to your situation.
How to
- Gather all documents: leases, receipts, judgments, letters and proof of payment.
- Contact the departmental conciliation commission to seek an amicable agreement.
- Submit your observations to the court and request a delay of execution if necessary.
- If a hearing is scheduled, prepare your file and, if possible, be accompanied by a counselor or lawyer.
- Check your eligibility for legal aid and for rehousing or rent payment assistance.
