Squatted primary residence

Home invasion

According to Article 226-4 of the French Penal Code, amended by the law of 24 June 2015: “Effecting entry into another’s home using manipulation, threats, assault or coercion, except in cases where the law permits it, is punishable by imprisonment for a year and a fine of 15,000 euros. Continuing to stay in another’s house after the effecting of entry mentioned in the first paragraph, except in cases where the law permits it, is punishable by the same penalties.”

 

Owners whose primary residence is squatted in can obtain a forced, legal and quick eviction of their house, without a judgment. Either following a complaint for home invasion, or by the prefect (administrative official).

Squat Solutions helps you out of this complicated situation

Complaint for home invasion

In the case of squatting in his primary residence, the owner must submit a complaint for home invasion directly to the police services.

Once entry has been gained into another’s home by means of “manipulation, threats, assault or coercion”, and the squatters continue to stay therein, law enforcement forces may then intervene as in the course of the commission of the offence as long as the squatters continue to stay on the premises, even if they have effected entry to the place more than 48 hours ago.

In fact, by definition, “continuance” in the premises is not an instantaneous act which may constitute the fixed starting point for a time limit, but a continuing situation which may be established at any moment, such that the period of 48 hours never expires.

The owner must gather all possible evidence that the squatted house is indeed his primary residence at present (financial documents, certificates, bills, etc.).

However, in practice, it is usually the case that such a procedure isn't enough. In that case, the owner must directly approach the prefect.

Petition to the Prefect

Exclusively in the case of squatting in a primary residence, article 38 of the DALO law of 5 March 2007, allows the owner to petition the prefect directly to issue an ultimatum to the squatter to quit the premises.

Prior to the submission of this petition for eviction, the owner should have:
1) submitted a complaint for home invasion;
2) gathered evidence by all means (financial documents, certificates, bills, etc.) that the house in question is in fact his primary residence;
3) and lastly, ensured that the illicit occupation of his house has been established by an officer of the judicial police.

If the prefect grants this petition, the ultimatum will allow a period of execution of twenty-four hours at the least to vacate the premises. If the ultimatum is not acted on by the end of the fixed period, the prefect may proceed with the forced eviction of the house, with the assistance of law enforcement and a locksmith.

The owner may resort to this administrative procedure at any moment, as long as the squatter in his primary residence continues to stay on the premises. Article 38 of the DALO law mentions “effecting entry” but also “continuance” in another’s home.

It is to be noted that if the prefect refuses to grant the petition for eviction, despite the gathering of all the necessary evidence, he may be required to do so by the Judge presiding over interim applications of the Administrative Court having jurisdiction.

Squat Solutions helps you out of this complicated situation