France’s winter eviction truce: the 2026–2027 season begins

From 1 November 2026 to 31 March 2027 inclusive, France generally suspends the physical eviction of residential tenants. This period is known as the trêve hivernale, or winter eviction truce. It does not cancel rent arrears or prevent a landlord from starting or continuing court proceedings. 1 There are several exceptions. In particular, the truce does not apply to the unlawful occupation of someone else’s home in the circumstances defined by law, where rehousing has been secured in accommodation that allows the family to live together and meets its needs, or where a violent spouse or partner is evicted under a court protection order. 2

How does France distinguish a tenant, someone who unlawfully enters another person’s home, and a holiday rental guest?

In France, unpaid rent or the end of an ordinary residential tenancy does not, by itself, turn a tenant into a squatter: the tenant eviction procedure applies, with the statutory winter postponement and its exceptions. Unlawful entry into someone else’s home through deception, threats, violence or coercion is subject to special procedures without that postponement, provided the legal conditions are met. Where a guest remains in furnished holiday accommodation after the rental agreement ends, the owner can apply to the prefect—the state’s representative in the department—for the property to be cleared through an administrative procedure. 234

Distinguish three situations:

• A residential tenant stops paying or stays after the tenancy ends. This does not, by itself, turn the tenant into a squatter; the tenant eviction procedure applies. 3
• Outsiders enter someone else’s home through deception, threats, violence or coercion. Special procedures exist to recover possession in these cases; the winter eviction truce does not apply when the legal conditions are met. 24
• A holiday rental guest stays after the rental ends. Since 20 August 2026, Article 38 of the Act of 5 March 2007, as amended by Act No. 2026-798 of 18 August 2026, has allowed an application to the prefect—the state’s representative in the department—for the property to be cleared through an administrative procedure without a prior court judgment. 4

For court-ordered evictions in France, it is important to distinguish someone else’s home from other premises. If people enter someone else’s home through deception, threats, violence or coercion, the winter postponement does not apply. If they enter other premises by the same means, the judge may shorten or remove it. 2

A home need not be a person’s main residence. For example, for the purposes of Article 226-4 of the French Criminal Code, the definition expressly includes residential premises containing a person’s belongings, even if that person is not currently living there. An owner’s temporary absence therefore does not, by itself, mean that the property is merely vacant premises. The legal status of the individual property and the applicable procedure must be established separately. 46

Which holiday accommodation in France qualifies for the administrative procedure to remove guests?

The administrative procedure to recover possession of accommodation in France applies where a guest has not left after the end of a meublé de tourisme rental agreement. This means a furnished villa, apartment or studio made available exclusively to the guest for a short stay without the guest establishing their residence there. A booking through Airbnb or another platform does not, by itself, determine the legal status of the agreement. 45

If you are choosing a home on the French Riviera for your own visits and holiday letting, send IMMO BTC the address or property link and your intended calendar of use. This will help identify which information about permitted use and rental agreements to request before you buy.

What documents are needed for administrative eviction in France, and what does the 48-hour period cover?

To recover possession in France through the administrative procedure under Article 38 of Act No. 2007-290 of 5 March 2007, you need to file a complaint with the police or gendarmerie, provide evidence of ownership or that the property is your home, and obtain an official record of the unlawful occupation. For a holiday rental, also establish the type of agreement and that it has ended. The application is considered by the prefect—the state’s representative in the department. The 48-hour period starts when the prefect receives the application and concerns the decision on issuing an order to leave. It is not a deadline for completing the eviction; separate time limits and appeal conditions apply after the order. 34

The unlawful occupation may be officially recorded by an officier de police judiciaire (OPJ), an officer with judicial police powers, the mayor, or a commissaire de justice, a French legal professional authorised to formally record facts and enforce court decisions. Filing a police complaint is a separate preliminary step before applying to the prefect. 4

The order must allow at least 24 hours for compliance, or at least seven days if the property is not the applicant’s home. In the latter case, applying to the administrative court to challenge the order through urgent proceedings under Articles L521-1–L521-3 of the French Code of Administrative Justice suspends its enforcement. 4

How does the presence of children in a home affect administrative eviction in France?

Family circumstances, including the presence of children, may affect the prefect’s decision on recovering possession through the administrative procedure in France: the prefect, as the state’s representative in the department, must take them into account. But having children does not create an automatic right to occupy someone else’s home. The prefect may refuse to start the administrative procedure if its conditions are not met or for overriding reasons of public interest. Family circumstances can therefore influence the decision, but the presence of a child does not, by itself, prohibit eviction. 4

Does every overstay in holiday accommodation in France lead to criminal penalties?

In France, simply staying after a holiday rental ends does not constitute the offence of violating the home under Article 226-4 of the French Criminal Code. Criminal liability must be distinguished from the procedure to recover possession. Article 226-4 of the French Criminal Code provides for up to three years’ imprisonment and a fine of up to €45,000 for unlawfully entering someone else’s home through deception, threats, violence or coercion. The same penalties apply to remaining there after such entry. The Constitutional Council ruled that extending the criminal offences to simply staying after a holiday rental ends was unconstitutional. The administrative procedure was retained. 67

Can a property owner in France evict the people living there themselves?

A property owner in France may not bypass the prescribed procedure by using deception, threats, violence or other coercion to force occupants to leave. The practical first step is to gather the documents, establish the legal basis of the occupation and consult a lawyer or a commissaire de justice, a French legal professional authorised to formally record facts and enforce court decisions. 38

What should you check before buying an occupied home in France?

Before buying an occupied home in France, establish the legal basis of the occupation and ask your notaire—the French public legal officer who handles the property conveyance—to verify the documented grounds and timing for obtaining vacant possession. Where a property is sold with an ordinary residential tenancy agreement (bail d’habitation) in force, the tenancy continues with the new owner. For holiday rentals and other grounds of occupation, ask the notaire to check the consequences of the sale separately. The winter eviction truce generally suspends the physical eviction of tenants; its end does not guarantee that you can move in on 1 April. 139

Before agreeing on your own move-in date, request the following from the seller and pass them to the notaire:

• the complete tenancy agreement and any amendments, if the property is let, together with details of its term;
• documents relating to the proposed departure of the occupants: notices already served, court decisions and details of any ongoing procedure, where applicable;
• information on payments, arrears, disputes and the tenant’s security deposit, where these matters concern the property.

Ask the notaire to explain which obligations will pass to you and what supports the proposed date for vacant possession. Treat the purchase date, the date when the property can lawfully be vacated and your own move-in date as separate milestones: a seller’s promise does not replace document checks. 9

If you are considering an apartment or villa on the French Riviera and want to understand how other people’s occupation will affect your plans, discuss the property with IMMO BTC. Send the listing link, explain what is known about the legal basis of the occupation, and give your preferred move-in date. We will help identify which documents to request and which questions to put to the notaire or a lawyer.

If you plan to alternate between your own visits and letting the property, the next question is which rental regime is permitted at that specific address. Our guide to letting a second home on the French Riviera explains the municipal and building rules, your occupancy calendar and the owner’s obligations.

Primary sources

The main sources were rechecked on 2 November 2026; the additional section on buying an occupied home was checked on the same day. This article concerns France.

1. Service-Public: the winter eviction truce and the right to start court proceedings; 2026–2027 season dates and continuing liability for rent arrears.
2. French Code of Civil Enforcement Procedures, Articles L412-6 and L412-8.
3. Service-Public: unlawful occupation and staying after a holiday rental ends.
4. Article 38 of Act No. 2007-290, version in force since 20 August 2026; Act No. 2026-798 of 18 August 2026, Article 14.
5. French Tourism Code, Article L324-1-1: definition of furnished holiday accommodation.
6. French Criminal Code, Article 226-4.
7. Constitutional Council, Decision No. 2026-915 DC of 14 August 2026, paragraphs 175–181.
8. French Criminal Code, Article 226-4-2: unlawful forced eviction.
9. Service-Public: selling a property with a tenancy in force; French notarial office: documents and obligations when buying an occupied property.