Practical guide: Effectively managing a squat in France

Squatting is exploding in France with the housing crisis. This guide sheds light on this scourge that traps many owners with a delicate legal framework. Discover the fatal errors to avoid and the steps to follow to recover your property as quickly as possible.

I. Reflexes to avoid: traps to avoid

Wanting to take justice into one's own hands is human when faced with a squat. But forcibly evicting, entering the occupied accommodation, cutting off the water or threatening exposes one to heavy criminal penalties, up to 3 years in prison and a €45,000 fine. Acting without the help of a specialised lawyer, is to risk procedural defects fatally delaying the eviction. Is it also possible to reintegrate into the premises? Why, because the home is heavily protected by both French and European laws. Violating or damaging it is to be severely punished, the circumstance of being squatted is little heard by judges because the legal arsenal for eviction is heavy. What must be understood is that they have taken up residence in your property and that they are protected because the home is protected, the property too (you are the owner). The two rights come into conflict but using violence (dismantling windows, launching wasps, smoking, making uninhabitable) is punishable. As a reminder, people in precarious situations are frequently eligible for legal aid. 

II. Plan of attack: react quickly and well

As soon as the illegal occupants are discovered, a complaint for violation of domicile and damage is required, supported as quickly as possible by a bailiff's report. Mandating a lawyer experienced in these cases is crucial to building an appropriate strategy. It is necessary to quickly gather proof of ownership (title, property tax, invoices, inventory) to build a solid file. Attempting a supervised negotiation at the same time, via a third party, can sometimes accelerate a voluntary departure.

III. Key steps: from formal notice to eviction

The lawyer starts the procedure with a formal notice to leave the premises within 48 hours, before summoning the occupants to court. An eviction judgment then allows an order to leave. After 2 months, an appeal to the Prefect authorizes the eviction within 3 months with the assistance of the police. The bailiff is required to note the resumption of the premises.

IV. Prevention: good owner reflexes

Prevention is better than cure with vacant properties. Monitor them regularly, secure access, simulate occupation by carrying out minor works. A temporary lease also protects. Any negligence is a godsend for squatters. Every day, the 350 evictions testify to the scale of the phenomenon. Battery-powered alarms are a terrible tool to know at all times what is happening. Speed of action is the key word, beyond 48 hours, they are at home! They deliver pizzas for example to testify of their presence beyond 48 hours ... So we must act QUICKLY! ::

To finish , 

With an average procedure of 13 months, recovering your squatted accommodation is like an obstacle course. It requires rigor and patience. Anticipation and the lawyer's reflex remain the best weapons to defend your assets. Crucial advice in view of the explosion of illegal occupations.