What is France’s ‘Treve Hivernale’ or Winter Truce?

 

Essential Reading

What is France’s ‘Treve Hivernale’ or Winter Truce?

Gite owners, landlords renting properties longer-term, and tenants alike may have heard of France’s “Winter Truce”, but exactly what are the implications of the trêve hivernale?

The history of France’s trêve hivernale

The winter of 1954 in France, at that time, was especially harsh, and, as a consequence, many homeless people actually froze to death on the streets. This horror prompted French Catholic Priest Abbé Pierre to appeal for better conditions and laws to protect vulnerable people from such a terrible fate. Two years later, a law was passed and the trêve hivernale continues to make the eviction of tenants illegal during the winter period from November 1st until March 31st (formerly amended from March 15th).

The Abbé Pierre Foundation continues its work to monitor the situation and to improve living conditions for those on the margins of French society. According to the Foundation, there has been a rise of 130% in legal evictions over the last twenty years with a record number of people evicted in 2022.

What exactly is the trêve hivernale?

The “trêve hivernale” or “winter truce” is the name given to the period of five consecutive winter months—from November 1st through to March 31st the following year—in which it is illegal to evict tenants from a French rental property. This law also forbids electricity or other energy suppliers from cutting electricity or any form of heating during the period even in the event of unpaid bills.

The Government reserves the power to extend this period if required. For example, during Covid in 2020, the truce was extended to ensure no one was evicted during the lockdown period.

There are exceptions to this law, and it is not, therefore, applicable in all cases. For example, gite owners who are registered as Meubles de Tourisme and are legally permitted to rent out for a maximum of 90 days only do not need to abide by the law. The trêve hivernale also does not apply to squatters, and it does not supersede court orders in the case of divorce or family break-up. Also, if alternative adequate accommodation can be found, tenants can be rehomed.

What happens in a dispute between landlords and tenants?

While disputes are often resolved through discussion and compromise, sometimes problems do occur between tenants and landlords. The Government has put in place a freephone number to help support and advise both parties called S.O.S LOYERS IMPAYES: 0805 160 075

In the case of unpaid rent or other valid reasons for eviction, landlords can commence legal proceedings during the trêve hivernale, so that come March 31st, the tenant can be legally removed. Electricity can also be reduced to 1 kilowatt per day by suppliers. For tenants unable to pay, help can often be found via the CAF or MSA. For step-by-step guidance for both parties, help is available via this Government link.

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Carol, a teacher from Hurworth in Darlington, lives in Charente in South-West France, where she runs La Grue Gites with her family.

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