Eviction Process in France: Timelines, Rules, and the Winter Truce

Evicting a tenant (résiliation du bail) in France is a highly regulated and often lengthy judicial procedure governed primarily by the Loi n° 89-462 du 6 juillet 1989 (effective 6 July 1989), due to the fundamental right to housing. Landlords cannot evict tenants on their own; self-help evictions are a criminal offense. Recent legislation in 2023 (the "Kasbarian Law", Loi n° 2023-668) introduced measures to somewhat expedite the process for unpaid rent.

Legitimate Grounds for Eviction

French judges only grant evictions for valid, proven reasons. The primary grounds are: 1. Non-payment of rent and/or utilities (By far the most common cause). 2. Failure to pay the security deposit. 3. Failure to provide home insurance (tenants must provide a certificate annually). 4. Severe nuisance to neighbors, proven via a prior court ruling.

The Step-by-Step Eviction Process (Unpaid Rent)

For a standard lease containing a termination clause (clause résolutoire, which is mandatory under Article 24 of the Loi n° 89-462), the procedure follows these steps:

1. The Order to Pay (Commandement de Payer) Upon an unpaid rent incident, the landlord must hire a bailiff (commissaire de justice) to issue a formal "Order to Pay."

• For leases signed or renewed after July 29, 2023, the tenant has 6 weeks to pay the debt in full (Art. 24, Loi 1989).
• For leases signed before July 29, 2023, the period remains 2 months until the lease is renewed or tacitly reconducted (Cour de Cassation, Avis n° 24-70.002, 13 June 2024).
• If the issue is a lack of insurance, the deadline is 1 month.

2. Social Services Alert (CCAPEX)

The bailiff signals the "Order to Pay" to the local eviction prevention commission (CCAPEX) if the debt exceeds specific thresholds (e.g., 2 months of rent). Simultaneously, if the tenant receives housing benefits (APL), family welfare must be alerted to find social solutions.

3. Court Summons (Assignation en Justice)

If the debt is not settled within the legal period (6 weeks or 2 months), the bailiff issues a summons to appear before the local protection judge (Juge des contentieux de la protection) at the Tribunal Judiciaire. The summons must be notified to the Prefect at least 6 weeks before the hearing (Loi 2023-668, Art. 10).

4. The Hearing and Judgment

During the hearing, the judge can: - Grant the tenant a payment plan grace period (up to 3 years), which suspends the eviction threat as long as the tenant respects the plan. - Or, declare the lease terminated and order the eviction.

5. Order to Vacate (Commandement de quitter les lieux) Once the eviction order is issued and served, the bailiff serves an Order to Vacate. The tenant legally has 2 months to leave the premises voluntarily (Art. L412-1, CPCE). This delay can be suppressed by the judge for squatters.

6. Police Intervention If the tenant still refuses to leave, the bailiff must request police assistance from the regional Prefect. The State has 2 months to respond (a lack of response equals a refusal, for which the landlord can then sue the State for compensation).

The Winter Truce (La Trêve Hivernale)

One of the most defining and protective features of French rental law is the Winter Truce.

• The Period: From November 1 to March 31 of the following year, no residential eviction can be carried out by law enforcement, even if the landlord possesses a definitive eviction court order (Art. L412-6, CPCE).
• Utility Protections: Utility companies are also strictly forbidden from cutting off electricity or gas to the tenant during this 5-month period due to unpaid bills.
• Exceptions: The Winter Truce does not protect squatters who entered the property via "manœuvres, menaces, voies de fait ou contrainte" (Art. L412-6, CPCE), spouses ordered to leave due to domestic violence, or if the building is under a "péril" (safety) order.

Severe Penalties for Illegal Evictions

Taking matters into your own hands—such as changing the locks, removing the tenant's belongings, or shutting off their water/power—is a criminal offense in France.

• Penalties include up to 3 years in prison and a €30,000 fine (Art. 226-4-2, Code Pénal).

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