Normative Context: The Law of January 24, 2022, and Its Aftermath
Since the entry into force of Law No. 2022-52 of January 24, 2022, on criminal liability and internal security, known as the "narcotraffic law" (loi narcotrafic), the legislator intended to strengthen the legal tools to combat drug trafficking in social housing. This law profoundly amended Articles L. 441-2-3 et seq. of the Construction and Housing Code (Code de la construction et de l'habitation, CCH), by introducing a specific ground for eviction for tenants whose housing is used for drug trafficking purposes. In July 2026, the case law of the Court of Cassation (Cour de cassation) clarified the conditions for implementing this mechanism, particularly regarding the burden of proof and remedies available to the tenant.
Analysis of the Texts: The Legal Basis for Eviction
The law of January 24, 2022, inserted a new paragraph into Article L. 441-2-3 CCH, providing that the social landlord (bailleur social) may request termination of the lease and eviction of the tenant when the tenant or an occupant under their authority engages in drug trafficking activities in the dwelling or its outbuildings. The text specifies that this request is admissible without needing to demonstrate a prior criminal conviction. Thus, evidence of trafficking may be provided by any means: police reports, witness statements, bailiff's reports (constats d'huissier), or surveillance elements. However, recent case law, notably the Court of Cassation ruling of June 15, 2023 (appeal No. 22-17.342), has recalled that mere suspicion or rumors are insufficient; precise and consistent elements are required.
Furthermore, Decree No. 2023-456 of June 12, 2023, specified the procedural modalities: the landlord must send a notice to pay (commandement de payer) or a prior warning, then refer the matter to the judge for protection disputes (juge des contentieux de la protection). The notice period is reduced to one month in cases of proven trafficking.
Practical Issues: Evidence and Defense Rights
In practice, the major difficulty for social landlords lies in providing evidence. Neighborhood inquiries and anonymous reports are often insufficient. Courts require objective elements: seizure reports, police reports, or bailiff's reports establishing suspicious comings and goings. The judge has full discretion to assess the probative value of the elements. For the tenant, remedies are available under Article L. 442-6 CCH, which allows contesting the eviction decision before the judge. Case law has also recognized the right to respect for private and family life (Article 8 of the European Convention on Human Rights), which may constitute a defense if the eviction is disproportionate.
Another issue is the situation of occupants in good faith (spouse, children). The law provides that eviction may be ordered against all occupants, but the judge may grant grace periods (délais de grâce) based on personal circumstances, in accordance with Article L. 412-3 of the Code of Civil Enforcement Procedures (Code des procédures civiles d'exécution).
Prospects: Toward a Toughening of the Regime?
In July 2026, several legislative proposals are under discussion to broaden the scope of eviction in cases of drug trafficking, particularly extending it to housing in the subsidized private sector (parc privé conventionné). Furthermore, the question of the landlord's liability for failure to fulfill its security obligation (Article L. 131-4 CCH) could be raised if trafficking persists. The jurisprudential trend is toward stricter review of eviction grounds, to avoid abuses while meeting the objective of public health and safety (salubrité publique).
Key References: Law No. 2022-52 of January 24, 2022; Articles L. 441-2-3, L. 442-6 CCH; Decree No. 2023-456 of June 12, 2023; Cass. civ. 3e, June 15, 2023, No. 22-17.342.
Maître Cécile Zakine, lawyer in real estate and land law, Doctor of Law
