FrançaisSince the law of July 27, 2023, known as the “anti-squatting” law, the procedure for evicting squatters has been simplified and accelerated. This new system aims to better protect owner-occupiers and landlords against illegal occupation of their property. Don’t hesitate to contact us if you’d like to start a squatter eviction procedure, whether in Nice or anywhere else in France.
1. Applicable legislation and case law
In France, there are a number of legal texts governing the rights and obligations of tenants or occupants without right or title.
Law of July 6, 1989: This fundamental piece of real estate legislation establishes the principle of the inviolability of the home, and lays down the conditions for the eviction of unauthorized occupants. This law specifies in detail the landlord’s obligations when initiating eviction proceedings, whether based on non-payment of rent or sale of the property.
- Law of July 27, 2023: This law amended article 38 of the 1989 law, creating an “accelerated eviction procedure” for squats. Indeed, a large part of the population, and in particular landlords, rightly felt that certain “professional” squatters were abusing the legitimate protections of the 1989 law. This law is therefore intended to speed up the procedure when it is clear that a person has entered a dwelling without any contract or right to it.
- Article 222-4 of the French Penal Code: This article penalizes entering and remaining in someone else’s home without right or title. This offence characterizes squatting. It is essential in the fast-track procedure.
- Jurisprudence of the Cour de cassation: The Cour de cassation has issued several important rulings on the notion of squatting and the obligations that may be imposed on landlords.
2. The procedure for evicting squatters
2.1 Standard procedure
The classic procedure for evicting a squatter involves two stages:
Summary proceedings: The owner or landlord must summon the squatter to appear before the Summary Jurisdiction Judge (Juge des référés) of the judicial court in the location of the squatted dwelling. The judge can then order the squatter’s eviction without delay, even if the squatter has not been heard. In Nice, it takes between 4 and 6 months to obtain an eviction order.
Enforcing the eviction order: Once the eviction order has been issued, the owner or landlord can call in a bailiff to have the squatter evicted. A further two months must elapse after the summons to vacate has been issued. You will then have to wait for authorization from the Prefecture to obtain the assistance of the forces of law and order. Finally, it is impossible to carry out this procedure during the winter.
Court proceedings are certainly effective, as they very often lead to a judgment evicting the squatter. However, it can be particularly long and costly for the owner. It takes a minimum of 6 months, and can take up to 2 or 3 years in the event of appeals against decisions and appeals by the occupants.
2.2 Accelerated procedure
The accelerated procedure for evicting squatters is reserved for owner-occupiers and lessors who have demonstrated :
Be the legitimate owner of the occupied property
Illegal occupation by a squatter
The filing of a detailed complaint.
The lawyer is responsible for preparing the squatter eviction file. He assists his client in drafting the complaint, which must comply with specific formalities, and enlists the help of a court commissioner to establish the squatting. Finally, he will apply to the Prefecture for eviction.
This procedure is more uncertain, as it depends on the Prefecture’s assessment. On the other hand, it is much faster, as eviction can take place after 3 or 4 months, depending on the Prefecture.
3. Key points to remember
The new procedure for evicting squatters is faster than the conventional procedure.
The accelerated procedure is reserved for landlords who have lodged a complaint and demonstrated unlawful occupation.
A lawyer is recommended for all types of squatter eviction procedures.
4. Conclusion
The law of July 27, 2023 has strengthened the rights of owner-occupiers and landlords with regard to squatters. It is important for lawyers to be aware of the new legal and jurisprudential provisions applicable to the eviction of squatters, so that they can best advise their clients.
You can consult the law of July 6, 1989 by following this link.
Please do not hesitate to contact the firm if you have any questions on this subject or wish to initiate any of these procedures.
