When does the winter break apply?

Verified 01 November 2026 - Public Service / (Prime Minister)

The winter truce applies from 1er November to March 31 of the following year. During this period, the eviction of the tenant from his accommodation cannot take place, it is postponed. But there winter truce does not apply in other cases (squatter occupying a dwelling, eviction from the marital home by order of the judge). We explain the regulations.

The situation differs depending on whether the dwelling is inhabited by the tenant, or occupied by a squatter, or if an eviction has been ordered by the family court judge, in the context of divorce or violence proceedings:

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Accommodation inhabited by the tenant

No tenant may be evicted from his accommodation during the period of winter truce. This period goes from 1er November to March 31 (inclusive) of the following year.

But there winter truce does not apply when there is a relocation solution that meets the needs of the tenant (the number of rooms must correspond to the number of occupants).

During the winter truce, an owner has the right to engage a deportation procedure by entering the protection litigation judge, including interim relief (emergency procedure). If the judge orders the expulsion, then it will be effective as soon as the winter truce.

FYI  

In the overseas departments (Dom), a cyclonic truce may also apply. The dates vary according to the departments, it is necessary to inquire with the prefecture concerned.

Accommodation occupied by a squatter

A squatter is a person who occupies a place (housing, garage, land...) after entering it illegally.

In order to repossess the dwelling, it is necessary file a complaint and request the evacuation of the squatter.

When a squatter occupies a dwelling (primary residence or secondary residence), eviction can take place, regardless of the time of year. The winter truce does not apply.

In the event of divorce proceedings

At the orientation hearing and on interim measures, the family judge may assign the enjoyment of the dwelling to one of the spouses and order the expulsion of the other spouse. Whoever keeps the housing can load a commissioner of justice a command to leave the premises (or command to have to vacate the premises) and the expulsion of the other spouse. Expulsion may take place, even during the winter truce.

But if the family judge has assigned the dwelling to one of the spouses, without ordering the eviction of the other spouse, the one who retains the dwelling must seize the protection litigation judge to obtain the eviction of the person who refuses to leave the dwelling despite the decision of the family judge. Expulsion may take place, even during the winter truce.

In case of violence in the couple (married, entered into a civil partnership, cohabiting) or on a child

As part of a protection order, the family judge may decide that the violent person should be removed from the marital home. Expulsion may take place, even during the winter truce.

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