Winter rental moratorium resumes

On November 1, the winter rental moratorium resumes and will remain in effect until March 31, 2027. During this time, landlords cannot evict tenants, even if they fail to pay their bills, offering a temporary shield against displacement during colder months.

Actions by landlords can lead to severe penalties

Landlords must be cautious, as certain actions can result in up to three years in prison and a fine of 30,000 euros. Changing locks in a tenant's absence or removing items left on the landing is classified as an illegal eviction under the Penal Code, regardless of intent.

Illegal methods of eviction are strictly prohibited

Any attempt to force a tenant to leave through tactics, threats, violence, or coercion without a court decision or state involvement is illegal. Tenants may file a reference case with the judge, who can allow the tenant to return, award damages, and impose daily fines on the landlord.

Energy providers cannot cut off utilities during the moratorium

Cutting off water, gas, or electricity to pressure a tenant to leave is also considered an illegal eviction. Energy providers are prohibited from cutting off utilities from a primary residence during the moratorium, even for unpaid bills.

Moratorium does not protect squatters

The winter rental moratorium does not protect squatters, individuals who move into a property without the owner's consent. The law of July 27, 2023, clarified that squatters are not covered by the moratorium to combat illegal occupation of homes.

Exceptions apply to certain cases

Other exceptions exist, such as when a tenant is offered an appropriate relocation or when a violent spouse is targeted by a decision from the family affairs judge. These cases are not protected by the moratorium.

Eviction process continues during the moratorium

The moratorium only suspends physical eviction, but legal proceedings such as payment orders, hearings, judgments, and orders to vacate can proceed during the winter. For leases signed since July 2023, tenants have six weeks to pay their debt after a payment order, while older leases allow two months.

Landlords must notify guarantors promptly

Landlords must notify any guarantor within 15 days of sending the payment order to the tenant. Failure to do so results in the loss of the right to claim penalties and late interest from the guarantor, in accordance with the law of July 6, 1989.