Five-month break begins for tenants threatened with eviction

Relief for tenants at risk of eviction With the start of the winter break on Thursday, and until March 31, tenants can no longer be evicted from their homes, in case of unpaid rents.
The badociations insist, they, on prevention, essential to avoid falling on the street.

• How does the truce work?

Born after an appeal by Abbé Pierre in 1954, the winter break was included in the law in 1956. Initially fixed from 1 December to 15 March, it was extended several times. Since 2014, it now runs from November 1st to March 31st. During this period, the law prohibits the expulsion of the vast majority of tenants from their homes, and since 2017 has also protected slum dwellers.

This framework recognizes three exceptions: eviction remains possible if the tenant has a suitable relocation for him and his family, or if the building is recognized as dangerous via a peril order. A judge may also order the eviction of squatters who have illegally entered a dwelling. This truce also concerns electricity and gas: for five months, energy providers can not interrupt their services.

• How many deportation procedures?

Evictions in the presence of the police have reached "a new level" in 2017, according to the Abbé Pierre Foundation: 15,547, against 15,222 in 2016. After the implementation of a specific prevention plan by the State, court decisions ordering deportation dropped slightly in 2017 for the second year in a row (125,971 vs. 129,189 in 2016).

According to Christophe Robert, the director general of the foundation, "it would be necessary to set targets to reduce evictions to prefects, able to mobilize the entire chain of prevention: social or private landlords, CAFs (Family Allowance Funds), departments etc. He also deplores the reduction of the compensation fund to the owners in case of no eviction, "increased from 78 million euros in 2005 to 25 million in 2016".

• What can the owner do?

During the truce, nothing prevents an owner from starting or continuing an eviction procedure. "The procedure is very strict and very long. It often lasts more than a year and a half, to which can be added the winter break, "explains Pascal Thuet of the National Chamber of the Ushers of France. If the owner does not comply with formalities, he faces three months in prison and 30,000 euros fine.

The lessor must first send a command to pay before badigning his tenant to the district court. The judge can then terminate the lease, grant a delay to the tenant or keep it in the premises. In case of termination, the court issues a command to leave the premises and a bailiff tries to obtain eviction of the tenants. If he fails, he asks for the intervention of the police at the prefecture. The prefect may grant it and make the eviction possible, or refuse it and compensate the owner.

• What solutions for the tenant?

"In the event of unpaid bills, we must quickly report to social services and badociations, before it is too late," says Florent Gueguen. Among the existing schemes, the Solidarity Fund for Housing (FSL) allows the departments to grant financial aid to people in difficulty.

Tenants can report to the Caf or Town Hall. The departmental agencies for housing information (Adil) can also accompany them, as some badociations. The Abbé Pierre Foundation has a telephone platform "Hello Expulsion Prevention": 0810 001 505.