Every year, as winter approaches, the trêve hivernale (winter truce) becomes a crucial topic for thousands of tenants facing financial difficulties and landlords awaiting payment. This legal mechanism, a cornerstone of housing law in France, temporarily suspends tenant evictions to protect the most vulnerable during the coldest months. For French residents and foreign expats alike, understanding how this period works, its key dates, and its exceptions is essential for asserting your rights or managing your real estate assets effectively.
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The trêve hivernale is a period during which French law suspends the execution of eviction measures against a tenant, particularly in cases of unpaid rent. First established in 1956 under the impulse of Abbé Pierre, its goal is to guarantee human dignity by preventing people from being forced onto the streets during freezing weather.
On a legal level, this mechanism is codified in *Article L. 412-6 of the Code des procédures civiles d'exécution (Code of Civil Execution Procedures)*. This statute dictates that, during a specified period, any unexecuted eviction measure is stayed, unless adequate rehousing is guaranteed under conditions that respect the unity and needs of the family.
It is fundamental to understand that the winter truce does not erase rental debts. It only suspends the physical act of eviction by a commissaire de justice (justice commissioner, formerly known as a huissier). Legal proceedings to terminate a lease and obtain a court order for debt payment can continue normally during this period.
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The winter truce lasts for a fixed duration of 5 months. Its dates are strictly regulated by law:
During these 151 days (or 152 days in leap years), no tenant can be forced to leave their home by public authorities, except under specific legal exceptions. Starting April 1st, suspended eviction procedures can resume immediately.
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The protection of the winter truce is not absolute. The legislature has provided several notable exceptions to avoid disproportionately harming landlords and to address emergencies or manifest illegalities.
Since Law No. 2018-1021 of November 23, 2018 (known as the Loi ELAN), reinforced by the anti-squat law of July 27, 2023, individuals who have entered and remained in another person's home using maneuvers, threats, assault, or coercion no longer benefit from the winter truce. This exclusion applies whether the property is a primary residence or a secondary home (résidence secondaire).
Eviction remains possible if decent rehousing adapted to the family's needs is offered to the tenant. This rehousing must respect family unity (no separation of household members) and correspond to their financial resources and needs (sufficient number of rooms).
Within the framework of divorce proceedings or protection against domestic violence:
When a building is subject to an arrêté de péril (order of imminent danger) or an unsanitary housing treatment procedure issued by the mayor or the préfet (regional representative of the state), the evacuation of the occupants is ordered for their own safety. The winter truce does not apply in this case of force majeure (unforeseeable circumstances).
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The winter truce is accompanied by another major protective measure: the ban on electricity and gas disconnections.
In accordance with *Article L. 115-3 of the Code de l'action sociale et des familles (Social Action and Families Code), energy suppliers (such as EDF, Engie, etc.) are prohibited from cutting off the supply of electricity, gas, or heating to primary residences for unpaid bills between November 1st and March 31st*.
However, suppliers retain the right to reduce the contracted electrical power (except for households benefiting from the chèque énergie / energy voucher, for whom the minimum guaranteed power is 3 kVA).
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To illustrate how these rules apply in practice, let us look at a scenario with real figures.
The Context:
Marie rents a one-bedroom (T2) apartment in Lyon for a monthly rent of 800 €, utilities included. Following a job loss in May, Marie stops paying her rent starting in June.
The Timeline of the Procedure:
1. Accumulated Debt: By October, Marie owes 5 months of rent, representing a debt of 4,000 € (800 € x 5).
2. The landlord has a commandement de payer (formal order to pay) delivered by a commissaire de justice, which remains unanswered for 2 months.
3. The landlord takes the case to the tribunal de proximité (local court). The hearing takes place in September. The judge rules to terminate the lease and orders Marie's eviction.
4. The judgment is formally served to Marie on October 15th. A commandement de quitter les lieux (order to vacate the premises) is delivered to her, giving her a legal deadline of 2 months to leave.
The Impact of the Winter Truce:
The 2-month deadline to vacate expires on December 15th, right in the middle of the winter truce.
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Whether you are a landlord or a tenant, reacting quickly is key to preventing the situation from escalating.
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Step 1: Contact the landlord immediately to explain the situation and propose an amicable debt clearance plan (plan d'apurement).
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Step 2: Contact the social services of your town hall (mairie) or department to request financial aid, such as the FSL (Fonds de Solidarité pour le Logement / Housing Solidarity Fund).
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Step 3: File a debt restructuring file (dossier de surendettement) with the Banque de France if your debts are too large and structural.
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Step 4: Contact the ADIL (Agence Départementale d'Information sur le Logement / Departmental Housing Information Agency) at their free hotline 0 805 160 075 for neutral legal advice.
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Step 1: Contact the tenant on the very first day of late payment to understand the cause of the unpaid rent (amicable approach).
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Step 2: If the tenant has a guarantor (caution) or a Visale guarantee, activate it immediately according to the contract deadlines (often within 15 to 30 days).
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Step 3: Hire a commissaire de justice to deliver a commandement de payer (order to pay). This is the mandatory starting point of the legal eviction process.
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Step 4: Continue the legal proceedings even during the winter truce to obtain an enforceable eviction order (titre exécutoire d'expulsion) ready to be executed on April 1st.
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Yes. The winter truce applies in the exact same way to unfurnished rentals (locations vides) and furnished rentals (locations meublées) used as the tenant's primary residence. The protection rules and suspension dates are strictly identical.
Yes, but under certain conditions. If the lease has been terminated, is in the process of termination, or if the tenant has given notice to leave, the landlord retains the right to organize viewings for re-rental or sale. This must comply with the terms set out in the lease agreement (generally 2 hours per business day) and be coordinated with the tenant. The truce does not cancel this contractual clause.
Even outside the winter truce, a tenant can ask the Juge de l'exécution or JEX (execution judge) for additional grace periods. According to Article L. 412-3 of the Code des procédures civiles d'exécution, the judge can grant a stay of execution ranging from 3 months to 3 years if it is proven that rehousing cannot take place under normal conditions, notably due to the age, health, or family situation of the occupant.
Yes, residents of student housing (managed by the CROUS or private organizations) as well as occupants of young workers' hostels (foyers de jeunes travailleurs) benefit from the protection of the winter truce, provided the accommodation constitutes their primary residence.
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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.