Start and end date and consequences

The winter break is a period during which the execution of court decisions cannot take place. For example, if the owner has started an expulsion procedure due to unpaid rents, she is suspended and the tenant cannot be worried. What is the start date and the end date of the winter break in 2025? In what situations does it not apply? Answer. Capital video: What is winter break? © Jean-Philippe Tourut / Getty_images-What is winter break? Save save Receive the summary expulsion alerts See more to see less how the winter break works? The winter break is a specific measure which prevents the execution of court decisions in connection with the expulsion of the tenants. It is therefore a stay. The court decision remains valid, but its application is suspended. Also, if the owner obtained an expulsion judgment, his validity is not called into question, only his application is delayed. The Alur law of March 2014 (law for access to housing and renovated town planning) fixes the dates of the winter break. It aims to protect vulnerable tenants during the coldest months, in order to prevent them from being homeless during the winter. What legislation supervises the winter break? A measure provided for in the Code of Civil Execution Procedures is provided for by the Code of Civil Execution Procedures in Article L. 412-6. It provides that “notwithstanding any expulsion decision in force of res judicata and despite the expiration of the deadlines granted under article L. 412-3, it is suspended to any expulsion measure not executed on the date of November 1 of each year until March 31 of the following year, unless the rehousing of the interested parties is ensured in sufficient conditions respecting the unity and the needs of the family”. A measure provided to avoid the expulsions of housing hivecette measure is social and humanist. Its purpose is to prevent people in difficulty, families, the elderly and/or sick will find themselves without housing, in the middle of winter and without accommodation solution. Electricity can be cut during the winter break? Prohibition of gas and electricity cutting the winter break, gas, electricity and water cuts are prohibited, even in the event of non-payment of invoices. Energy suppliers can nevertheless reduce the energy power of housing, except for tenants benefiting from the energy check. The power reduction is 3 kVA for people with a power of power greater than or equal to 6 kVA. It is 2 kVA for those with a lower power contract. Upstream, suppliers have the obligation to inform their customers about the reduction of power to come. Read also: When to warn the tenant of an increase in rent? When the winter break begins and ends in 2025? Start and end date set by the Alurla winter truce law lasts five months, from November 1 to March 31 each year. It thus concerns the coldest months of the year. These dates were fixed by the Alur law in March 2014. Extension of the winter truce, certain exceptional conditions (health crisis, extreme temperatures), the government can decide to extend the winter break. In 2020, in the heart of the Pandemic of Covid-19, she was for example extended until July. Read also: HLM: Request for social housing, file and ceiling can you expel its tenant during periods of winter break in France? Expulsion of the tenant suspended winter truce prevents the engagement of an expulsion procedure with regard to any person residing in a room for residential use, whether empty or furnished. If the expulsion procedure was initiated before the start of the winter break, but it could not succeed before November 1, the bailiff responsible for expulsion will have to stop all his steps until March 31 of the following year. The procedure may then resume its course. The owner may start the expulsion procedure. Only the execution of the decision is postponed. The expulsion procedures being particularly long, it is strongly advised to initiate the steps against the tenants who do not respect their lease contract as quickly as possible and including from November 1 to March 31. Example of dates for an expulsion procedure are on December 5. Your tenant has not settled his rents since September, although he has committed to quickly fill this delay. Nothing prevents you from initiating a procedure in termination of the lease (by making him issue a command to pay by bailiff then by seizing the district court) during the winter break. However, it cannot be expelled before March 31 of the following year. To read also: unpaid rents: guarantees and recourse What are the situations where the winter break does not apply? People who are not subject to the winter break and winter truce do not apply to certain people: expelled people who can be relocated in sufficient conditions respecting the unit and the needs of the family (the number of rooms, the area and the elements of the accommodation must allow it); Building having come in fact: in other words (these are squatters who have never concluded a lease contract with the owner of the accommodation); the squatters who have taken up residence in a garage or land; the husband expelled from the marital home after decision of the judge for family affairs in the context of a divorce procedure; the husband, partner of PACS or Concubin accused of conjugal violence against his spouse or his child, The business judge ordered his expulsion from the conjugal home occupying home, of a building subject to a decree, whose health and security are in danger of the owner’s appeals to proceed with the landlord -owner -owner who reports on these situations and may justify them may have the expulsion of the occupants of the housing, even during the winter break period. He will thus be able to resort to a bailiff to have his court decision enforced. The competition of the Public Force (in other words the police) will also be asked and obtained. >> Our services to optimize your real estate investmentson-Respect for the winter break: that the owner risks? Apart from these cases, no expulsion can be engaged against a tenant during the winter break period. Please note, illegal expulsion is an offense. An owner who does not respect the winter break risks a prison sentence of up to three years and a fine of 30,000 euros. What happens after the winter break? Once the winter break passed, the rental evictions can resume. The owners whose tenants have not regularized their situation can then seize justice to request the expulsion. However, the resumption of expulsions is not immediate. Justice decision must have been made, followed by a command to leave the premises. If the tenant refuses to leave, the expulsion may be executed by a justice commissioner, often in the presence of the police. Receive our latest news every week your appointment with real estate news. (tagstotranslate) Expulsion

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