Law of July 27, 2023 to protect housing from illegal occupation

July 29, 2023 - hot news!

The title has now been revealed: it's not called the "law to strengthen the protection of housing (...)" but the "law to protect (...)":

Did the legislator admit that the previous provisions had no effect on the illegal seizure of property? 

Regulations on procedures to combat illegal appropriation

Articles 1 and 3 strengthen criminal penalties for the illegal entry and seizure of houses (article 3) and premises for professional, commercial or agricultural use (article 1 ).

A little novelty makes some noise:

introduces a fine for occupants without the right to housing or title (only) who stay more than two months in the establishment by virtue of the departure order. The fine will be 7500 euros... except in the following cases:

- Winter vacation benefits;

- Referring to JEX to obtain a limited period of time before vacating the premises, art. 2 now excludes the possibility of squatters claiming these delays. It should also be noted that ill-intentioned occupants, who will still have to be proven, will no longer be able to benefit from delays. Article L.412-4 of the Code of Judicial Civil Procedure has also been amended on this point, as the period granted by JEX to stay in the establishment is no longer from three months to three years, but from one month to three years per year;

- Social housing or housing owned by a public corporation;

There is also a commendable effort in art. 4 to penalize the distribution of a "small squatter's guide", which unfortunately and from experience, will not prevent you from finding it at all the good dairy companies...

On the other hand, Art. 6 is interesting in more ways than one. Indeed, one of the difficulties with the previous version of article 226-4 of the Penal Code concerned the notion of domicile, which practically excluded secondary residences from the procedure linked to place of residence.

From now on, this notion is extended to any dwelling, whether or not the person lives there, and whether or not it is his or her principal residence, thus asserting the primacy of ownership. The same article provides additional legal security by introducing the judicial commissioner into the loop: from now on, the mayor of the town, the judicial commissioner or the judicial police officer can establish illegal occupation. This new mandate must be accompanied by continuous feedback from both the owner and the judicial commissioner to ensure and better support the injured party's condition.

The legislator has also facilitated the procedure for the benefit of the owner, since it now allows the State representative in all the provisions of the seventy-two hours of tax administration to establish the owner's rights when he cannot justify them due to his profession.

Provisions relating to tenancy law

We also welcome the commendable effort made in art. 4 to penalize the distribution of the "small squatter's guide", which unfortunately and from experience, will not prevent it from being found in all good dairy companies...

On the other hand, art. 6 is interesting in more ways than one. Indeed, one of the difficulties with the previous version of article 226-4 of the Penal Code concerned the notion of domicile, which practically excluded secondary residences from the procedure linked to place of residence.

From now on, this notion is extended to any dwelling, whether or not the person lives there, and whether or not it is their principal residence, which ultimately claims ownership of their height. The same article provides additional legal security by introducing the judicial commissioner into the loop: from now on, the mayor of the town, the judicial commissioner or the judicial police officer can establish illegal occupation. This new mandate must be accompanied by continuous feedback from both the owner and the judicial commissioner to ensure and better support the injured party's condition.

The legislator has also facilitated the procedure for the benefit of the owner, since it now allows the State representative in all the provisions of the seventy-two hours of the tax administration to establish the owner's rights when he cannot justify them due to his profession.

This latter provision has been supplemented by the reform of art VII. 24, which now reads as follows:

"When a judge is retained in this sense by a landlord or tenant, and he has subsequently continued to pay the full rent outstanding before the date of the hearing, the effect of the resolutory clause by operation of law may be suspended for a period set by the judge. under the conditions provided for in V and VI of this article. This suspension ends as soon as the first payment has not been made, or as soon as the tenant fails to pay the rent within the period and under the conditions set by the judge.

It should be noted that suspension of the resolutory clause in the event of late payment can only take place if the judge has been approached by the lessor or the lessee to this effect.

We can therefore deduce that it continues to apply when the judge automatically grants these deadlines?

Art. 10 also introduces a new feature:

the reduction of the period mentioned in I of art. 24 of the law of July 6, 1989.

Until now, the traditional resolutory clause was two months, i.e. the tenant was given two months to pay the rent due from the date of the payment order and beyond, in the absence of such a provision. was terminated.

This period has now been extended to SIX WEEKS. This is a reduction in time in favor of the rental owner, enabling him to act earlier in the process. It is also important to note that the minimum time between the delivery of the notice of termination and eviction and the date of the hearing has also been reduced to SIX WEEKS, as it is modelled on the minimum time for reporting the notice to the CCAPEX.

It would be interesting to harmonize this timeframe with other procedural timeframes (removal from premises, police assistance). However, it should be noted on this point, particularly with regard to the time ordered to leave the premises, that this can be cancelled once the occupant has entered by assaulting, manipulating, threatening or forcing or by being dishonest. will have to be described and demonstrated.

Finally, this article addresses the question of the amount required for a CCAPEX referral. Until now, everything has depended on the local situation, since it is the State representative in the Ministry who determines, by decree, the amount and age of the debt above which referral to the CCAPEX becomes compulsory.

This referral is now required when a tenant has failed to pay rent or rental charges continuously for a period of two months, or when the tenant's debt or rental charges are equivalent to twice the monthly rent excluding rent, which clarifies and unifies the process.

This report must be accompanied by the production of information. For example, the Judicial Commissioner must provide telephone and e-mail contact details, as well as the socio-economic situation of the occupants, if known. This is just one example of the social role we play on a daily basis.

At the end of the procedure, and failing the assistance of the police when required by law, the owner may be compensated by the State for this refusal. 

Until now, special compensation was based on time and rent. The COVID era led to an increase in claims, with competitions being blocked for months at a time. Compensation has exploded. The legislator understood the need to prescribe this procedure and this art of compensation. Article 11 stipulates that the methods for assessing repairs incurred by the landlord in the event of refusal of assistance from the forces of law and order for the execution of the eviction order shall be specified by decree of the Conseil d'Etat.

Provisions introduced to support tenants

Finally, this article addresses the question of the amount required for a CCAPEX referral. Until now, everything has depended on the local situation, since it is the State representative in the Ministry who determines, by decree, the amount and age of the debt above which referral to the CCAPEX becomes compulsory.

This referral is now required when a tenant has failed to pay rent or rental charges continuously for a period of two months, or when the tenant's debt or rental charges are equivalent to twice the monthly rent excluding rent, which clarifies and unifies the process.

This report must be accompanied by the production of information. For example, the Judicial Commissioner must provide telephone and e-mail contact details, as well as the socio-economic situation of the occupants, if known. This is just one example of the social role we play on a daily basis.

At the end of the procedure, and failing the assistance of the police when required by law, the owner may be compensated by the State for this refusal. Until now, special compensation was based on time and rent. The COVID era led to an increase in claims, with competitions being blocked for months at a time. Compensation has exploded. 

The legislator understands the need to prescribe this procedure and this art of compensation. Article 11 stipulates that the methods for assessing the repairs incurred by the owner in the event of refusal of assistance from the forces of law and order for the execution of the eviction order shall be specified by decree of the Conseil d'Etat. 

Our Luxury Ones real estate agency will be delighted to help you with your real estate projects and provide you with advice.