In France, the right to housing is a fundamental principle, and the law strictly regulates how a tenancy ends and how a tenant must depart. Yet, when faced with unpaid rent or tense disputes, some landlords attempt to take the law into their own hands by forcibly evicting tenants, changing the locks, or cutting off electricity. These practices, known as expulsions manu militari (forcible evictions) or wildcat evictions, are formally prohibited and heavily punished under the French Penal Code. Whether you are a tenant facing threats or an exasperated landlord, it is essential to understand why eviction without a court judgment is illegal and what the only legally authorized paths are under French law.
---
Under French law, no one is allowed to take the law into their own hands. This cardinal principle applies with particular force to housing. Even if the tenant stops paying rent, even if they occupy the property without a valid title (squatting), or if the lease has expired, the landlord has no right of intrusion or forced eviction on their own authority.
The home is protected by law, regardless of whether the person living there is a tenant in good standing, a tenant whose lease has been terminated, or even, under certain conditions, an occupant without right or title.
Article 226-4 of the Code pénal (French Penal Code) protects the home against entry or remaining in another person's home through deceit, threats, violence, or coercion. A landlord who enters a tenant's home without their express consent commits a violation de domicile (trespass/breach of domicile).
Attempting to evict a tenant through force, threats, or trickery without first obtaining a court decision is a serious criminal offence.
Article 226-4-2 of the Code pénal (introduced by the Alur Law of 2014) is very clear on this subject:
> "Forcing a third party to leave the place they inhabit without first obtaining an eviction order from a judge, except in cases where the law permits, is punishable by 3 years of imprisonment and a €30,000 fine."
This penalty also applies if the landlord uses indirect methods to force the tenant to leave, such as:
---
For an eviction to be legal, it must strictly follow a precise judicial and administrative process. This process guarantees the rights of the defence and prevents abusive practices.
If the eviction is motivated by unpaid rent, the landlord must first have a commissaire de justice (formerly known as a huissier, a judicial officer/bailiff) deliver a commandement de payer (formal command to pay).
If the tenant has not settled their debt or vacated the premises upon expiration of the deadlines, the landlord must summon them before the Juge des contentieux de la protection (JCP, the protection litigation judge) of the Tribunal judiciaire (local court) where the property is located.
Only the judge can order the termination of the lease and the eviction of the tenant. Once the judgment is delivered and served by a commissaire de justice, the tenant generally has a period of 2 months to leave the premises voluntarily after receiving a commandement de quitter les lieux (formal command to vacate).
If the tenant still refuses to leave, the landlord is still not allowed to act on their own. Only a commissaire de justice is authorized to go to the property to carry out the eviction.
If the tenant refuses to open the door, the commissaire de justice must request the assistance of the force publique (the police or gendarmerie), following authorization from the Préfet (the local state representative).
---
To fully understand the reality of these procedures and the major financial risks faced by impatient landlords, here are two practical examples.
Marie owns a studio apartment in Lyon that she rents to Thomas for €800 per month. Following a job loss, Thomas accumulates 3 months of unpaid rent, resulting in a debt of €2,400. Frustrated and pressured by her own mortgage payments, Marie takes advantage of a weekend when Thomas is away to have a locksmith change the lock and stores Thomas's boxes in the co-ownership garage.
Upon his return, Thomas calls the police. Finding it impossible to access his home, he files a complaint and urgently petitions the juge des référés (emergency summary judge).
Jean rents an apartment in Bordeaux for €1,200 per month to a tenant who stops paying. Jean chooses the legal route:
1. He has a commandement de payer delivered by a commissaire de justice (cost: approximately €150).
2. Since the tenant does not pay within 2 months, Jean summons them before the Juge des contentieux de la protection.
3. The judge orders the termination of the lease and grants a 2-month period after the commandement de quitter les lieux.
4. As the tenant does not leave, the commissaire de justice requests the assistance of public authorities, which is granted by the Préfet after 3 months.
---
---
The trêve hivernale (winter truce) runs from 1 November to 31 March of the following year. During this period, no tenant eviction can be executed by public authorities, even if an eviction judgment has been rendered. However, the legal process can still be initiated and pursued during this time. Furthermore, the winter truce does not apply to squatters (persons who entered another person's home through illegal entry/force).
No. Even if the landlord has given a notice to vacate for personal occupation (congé pour habiter) in a perfectly regular manner, if the tenant refuses to leave at the end of the notice period, the landlord must take the matter to court to validate the notice and order the eviction. They cannot enter the premises on their own.
You must immediately call the police or gendarmerie (dial 17) to report the offence of violation de domicile and illegal eviction. If possible, have a commissaire de justice come to the scene to write an official report (constat). You must then file a complaint at the police station and petition the juge des référés of the tribunal judiciaire to obtain your immediate reinstatement and damages.
The law protects the home in general. However, Law No. 2023-669 of 27 July 2023 (the Kasbarian Law) has greatly simplified and accelerated the eviction of squatters. For a squat (entry by force/unlawful act), an administrative procedure for forced eviction can be carried out by the Préfet in less than 72 hours, without going through a court. But beware: this accelerated procedure is strictly reserved for squatters and can under no circumstances be used against a tenant whose lease has expired or been terminated for unpaid rent.
---
---
Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.