The winter truce starts Friday, preventing tenant evictions until March 31. Despite this, evictions in France reached a record high of 19,023 in 2023, up 17% from the previous year, raising concerns about worsening housing insecurity. Originally established in response to a 1954 call by Abbé Pierre, the truce provides legal protection for most renters and includes energy service continuity. Increasing evictions are anticipated in 2024 due to the new Kasbarian-Bergé law, which speeds up eviction processes.
The Winter Truce Begins Friday: Until March 31, tenants cannot be evicted from their homes. Despite this measure, evictions reached a record high last year and may rise further.
What is the origin of the Winter Truce?
“Help my friends, a woman froze to death last night”: the Winter Truce was established following the famous 1954 appeal by Abbé Pierre—who is currently facing accusations of sexual violence—that raised public awareness about the plight of the homeless. It was formalized in law in 1956, originally set from December 1 to March 15, and has since been extended to run from November 1 to March 31 since 2014.
What does it entail?
During this period, the law prohibits the eviction of the vast majority of tenants from their residences. In practical terms, even if an eviction order has been issued, its enforcement is paused.
However, there are specific situations where the truce does not apply: if a tenant has suitable relocation options or if they are living in a squat. Additionally, a person may still be evicted during this time by court order in cases of domestic violence or concerning a child.
This truce also encompasses electricity and gas: for five months, energy suppliers cannot cut off their services.
How many evictions occur in France?
According to a report by the Court of Auditors, there were 19,023 evictions with police involvement in France in 2023, marking a 17% increase from the previous year.
“This alarming record high is connected to the precarious situation of households and an exceedingly inadequate public policy,” lamented Marie Rothhahn from the Abbé Pierre Foundation to AFP, who specifically criticized the shortage of social housing.
This surge can also be attributed to a catching-up effect following the health crisis. In 2020, the number of evictions was halved compared to 2019, dropping to 8,156. Many households were able to maintain their residences due to the government’s exceptional measures (extended truce, financial assistance).
The Abbé Pierre Foundation already fears a further increase in evictions in 2024 due to the implementation of the new Kasbarian-Bergé law that allows for expedited procedures.
What can a landlord do?
During the Winter Truce, a landlord may begin or continue an eviction process, which typically takes several months. “Only the final stage, the physical eviction with law enforcement, is not permitted,” emphasized Cédric Kieffer, legal director of the National Chamber of Justice Commissioners, to AFP.
The landlord must first send a payment demand to the tenant before proceeding with legal action.
“Many people fail to attend the hearing, yet it is crucial because the judge can grant a payment schedule,” Kieffer noted.
If the judge terminates the lease, they issue a command to vacate the premises. A justice commissioner is then appointed to carry out the eviction. If unsuccessful, they can request police intervention from the prefecture, which may approve or deny it.
What to do in case of rent arrears?
In the event of unpaid rent, “the most important thing is not to remain alone,” advises Marie Rothhahn of the Abbé Pierre Foundation.
It’s recommended to contact your landlord to discuss your difficulties as well as reach out to a social worker.
You can seek advice from departmental housing information agencies (Adil) or through various associations. The Abbé Pierre Foundation also has a dedicated helpline (0805.299.049).
“One of the first suggestions we make is to resume rent payments as much as possible, as this may unlock assistance and demonstrates that the tenant is making an effort,” emphasizes Marie Rothhahn.
For instance, it’s possible to continue receiving housing aid or to apply to the Housing Solidarity Fund.