Tenant & Squatter Eviction in France

Lawyers for owners in France whose tenant has stopped paying or stays on after the lease has ended, and for owners whose home has been occupied by squatters — through the court, or through the préfet where that route applies.
lawyers in France
2
cases in this service
14
clients' rating in France
4.85 ★

About Tenant & Squatter Eviction in France

Evicting a tenant in France — eviction for unpaid rent (loyers impayés), at the end of a lease, or removing squatters from an illegally occupied home — is called expulsion, and it always goes through a procedure, never through changed locks. The steps are carried out by a commissaire de justice (the court officer formerly called huissier), and the police help only on the authority of the préfet. Some older lists and lawyer pages call this service “Eviction Services”. It is for landlords and owners, many of them living abroad; a dispute that has not reached that stage is a landlord and tenant dispute.

A tenant who does not pay or does not leave

  1. The commissaire de justice serves a formal demand to pay (commandement de payer), which brings the lease's termination clause into play.
  2. If the debt is not settled, the owner asks the housing judge at the tribunal judiciaire to end the lease and order the tenant out. The judge can give the tenant time to pay and keep the lease alive.
  3. After the judgment the tenant receives an order to leave (commandement de quitter les lieux).
  4. If the tenant stays, the owner asks the préfet for police assistance (concours de la force publique).

A tenant whose lease has ended after valid notice goes through the same court route. During the winter break (trêve hivernale) tenants cannot be removed by force, although the case itself can go on.

Squatters

A home occupied without any right (squat) is a different case: the occupants never had a lease. The owner files a complaint, has the occupation recorded by the police or a commissaire de justice and proves the property is theirs. The préfet can then order the occupants out without a court judgment; when that route does not apply, the court route remains. Squatters are not protected by the winter break. These rules were tightened recently and their exact reach is still argued over; a lawyer confirms the current ones.

Points to watch

An owner who changes the locks, removes belongings or cuts the water and power commits an offence, even against squatters. A tenant's benefits or a debt plan can pause the procedure, and rent-guarantee insurance has its own reporting rules.

What a lawyer does

The lawyer instructs the commissaire de justice, represents the owner in court, makes the request to the préfet and keeps an owner abroad informed, acting under a power of attorney when needed. Recovering the unpaid rent is debt collection.

Questions and answers

Can I change the locks on a tenant who has stopped paying?

No. Only a court decision, carried out by a commissaire de justice, can put a tenant out.

Can a tenant be evicted in winter?

The judgment can be obtained, but tenants cannot be forced out during the winter break; squatters are not covered by it.

How is a squatter different from a tenant who stopped paying?

A tenant had a lease and goes through the court route; a squatter entered without any right, and the préfet's faster route may apply.

Do I have to travel to France?

Usually not. The lawyer and the commissaire de justice act in France, with documents signed remotely or through a power of attorney.

2 lawyers who provide Tenant & Squatter Eviction in France

Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.

  • Caroline, lawyer in Paris

    Caroline

    Lawyer · Paris, France

    • 238 cases handled · 11 in this service
    • 17+ years in practice
    • Speaks: English, French
    • Law, University of Paris II - Panthéon Assas
    • 4.79(8 reviews)
    Contact Caroline
  • Julian, lawyer in Toulouse

    Julian

    Lawyer · Toulouse, France

    • 117 cases handled · 3 in this service
    • 39+ years in practice
    • Speaks: English, Spanish, German, French
    • Law with Honours, Liverpool University
    Contact Julian
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