When does the winter break apply?

Verified 24 November 2025 - Public Service / Directorate of Legal and Administrative Information (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 whether it is occupied by a squatter, or whether an eviction has been ordered by the family judge:

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Housing 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 at the end of 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.

Housing occupied by a squatter

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

In order to regain possession of the dwelling, file a complaint and request the squatter's evacuation.

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 case of violence in the couple (married, past, cohabiting) or on a child

Where the family judge decides in the context of a protection order whereas the violent person must be expelled from the marital home, the expulsion may take place, even during the winter truce.

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. The person who retains the dwelling may assign a commissioner of justice with a command to leave the premises (or command to have to vacate the premises) and to expel the other spouse. Deportation 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 keeps 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. Deportation may take place, even during the winter truce.

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