“My friends, help… Last night at 3 o’clock a woman froze to death on the sidewalk of Sébastopol Boulevard. (in Paris), holding the slip from which he was expelled from school the day before… “. onewell In February 1954, as a particularly harsh winter left many people dying in the streets, Abbot Pierre made his famous appeal. This call would facilitate the establishment of the winter ceasefire in 1956, which banned most deportations during the coldest five months of the year. A law that is still valid almost seventy years later.
What is winter break?
Winter break is valid from 1st of every year.well From November to March 31. During this period, tenants cannot be evicted from their accommodation. If legal proceedings continue, evictions will be stopped.
However, the law provides for a number of exceptions that ensure that some dismissals are still possible during these five months:
- tenants have access to other accommodation corresponding to their needs;
- squatters occupying a primary or secondary residence;
- for squatters occupying garages or plots of land, winter break may be eliminated or shortened at the discretion of the judge who ordered the eviction;
- spouse or partner who commits violence against his/her partner or child and is ordered to be removed from the family home by the family affairs judge;
- spouse who must be deported as part of a non-settlement decision in a divorce case;
- People living in housing that is considered unhealthy or dangerous.
This is especially true abroad: tenants are protected not because of winter holidays, but because of hurricanes or rain, which have different dates.
Can water, electricity and natural gas be cut off during the winter holiday?
Gas and electricity outages it is forbidden from 1well From November to March 31. EDF customers enjoy additional protection since 2021; because it is no longer possible to cut off their electricity if the bills are not paid; instead their electrical power is restricted.
Water distributors do not have the right to cut off the water to the main residence, regardless of the time of year.
How many people are evicted from their homes every year?
According to the Abbé Pierre Foundation, approximately 38,000 people or 17,500 households were evacuated by the police in 2022. And “Two to three times as many households leave before police arrive.”, adds Christophe Robert, general delegate of the organisation. According to him, although evictions are theoretically impossible, pressure from landlords sometimes causes some tenants to pack up their belongings during winter break.
Evictions dropped sharply during the Covid-19 years, namely 2020 and 2021, followed by a sharp rebound in 2022.
The Abbé Pierre Foundation fears that the increase will continue in 2023, especially due to inflation. Christophe Robert reminds: “The majority of evictions are linked to payment issues.”.
What are the steps before release?
If an amicable solution cannot be found between the tenant and the lessor, the owner may request compensation. commissioner of justice Sending a payment order to the resident. The tenant benefits from a period of six weeks to put his situation in order.
If the tenant cannot pay the due dates, the lessor can take him to court. At the end of the hearing, the judge decides to grant a payment period or evict the tenant without terminating the rental agreement.
There evacuation procedure It is carried out with an order to leave the workplace within two months. The most precarious tenants may benefit from additional time depending on their situation and that of the lessor. At the end of this period, the justice commissioner comes to the house and ensures that the tenant leaves the house. If the resident still refuses to comply, the governor can involve the police.
