What is the winter break?
The winter break is a legal period during which rental evictions, as well as gas and electricity cuts, are prohibited. The owners who do not respect this truce expose themselves to a sanction of 3 years in prison and a fine of €30,000.
This truce, which generally extends from November 1 to March 31, aims to protect tenants threatened with being evicted from their accommodation, in particular due to non-payment of successive rents, during the period of the year. the coldest.
In certain exceptional cases, the duration of the winter break may be extended, such as in 2020 and 2021 where it had been extended in the context of the health crisis.
For the period 2022-2023, like last year, the winter break runs “normally”, fixed from Tuesday, November 1, 2022 to Friday, March 31, 2023.
Rebound in evictions?
In the context of the purchasing power crisis, the associations fear an increase in rental evictions at the end of the winter break.
The Abbé-Pierre Foundation fears that their level will reach that of 2019 (16,700) after two years of calm (8,156 evictions recorded in 2020, and 12,500 in 2021), periods during which tenants had benefited from the extension of the winter break, but also government measures which had topped up the funds of Solidarité Logement, compensation for landlords and increased aid from Action Logement. However, these boosts have not been renewed, deplores the Foundation.
Between now and the end of the year, low-income households will benefit from other aid, such as an exceptional energy check of €100 to €200 paid from December 2022. Beneficiaries of the activity bonus should, for their part, receive their inflation bonus from 15 November. But the aid is limited to €28, and an additional €14 per dependent child.
Special cases
In certain situations, rental evictions are still possible during the winter break:
- If they are accompanied by rehousing that meets the family needs of the tenants, by ensuring “sufficient conditions respecting the unity and the needs of the family”, or with enough rooms to accommodate all the occupants;
- If the eviction from the matrimonial home of a spouse, in the context of divorce proceedings, has been ordered by a family court judge via a non-conciliation order;
- If the deportation of the spouse, PACS partner or violent partner on a child or in the couple has been ordered by a family court judge within the framework of a protection order;
- If this eviction concerns squatters, that is to say people who have illegally taken possession of a dwelling, whether it is a main residence or a secondary residence. If the squatters occupy a garage or land, the judge pronouncing the eviction may decide to abolish the winter break or reduce its duration.
Eviction procedures
The winter truce interrupts evictions but not legal proceedings. It remains possible for the owners to initiate an eviction procedure with the court or by seizing the judge in chambers. If the expulsion is ordered, it will only be effective at the end of the winter break.
Tenants can, however, ask the judge for additional time to pay their late rents or leave the premises. In the latter case, the period granted may range from three months to three years. This period can also be requested by the over-indebtedness commission, if the tenant has appealed to it.
Prevent situations of unpaid rent
Several administrative steps can be taken to avoid facing an eviction situation. Tenants and landlords can contact the SOS unpaid rents service of the National Agency for Housing Information (Anil), which has set up a dedicated toll-free number (0805 160 075).
Tenants can contact the town hall of their place of residence – some towns providing financial support to tenants in difficulty, as well as departments which have housing solidarity funds (FLS) granting subsidies or loans to pay related expenses. when entering and staying in the accommodation (debts and charges, energy bills, bailiff’s fees, etc.).
They can also turn to the Budget Advice Points (PCB), reception structures intended to support people in financial difficulty.
Finally, people threatened with eviction have every interest in contacting the social assistance services of their municipality, as well as free legal assistance via associations or networks of legal professionals.