Expulsion of an Occupant Without Right or Title: The Vindication Action is Imprescriptible

Imagine: you own a flat in Pamiers, made available to a former employee. His employment contract ends, but he refuses to leave. You start eviction proceedings. And then, surprise: your lawyer tells you that the occupant without title invokes the thirty-year limitation period to defeat your claim. Outrageous? Yet this is what happened to the company Bpifrance Financement, which saw its eviction action declared time-barred by the Paris Court of Appeal, before the Supreme Court restored legal truth.

But what does this actually change? In a few words: the action for eviction of an occupant without right or title, based on the right of property, is a vindication action. Now, the vindication of immovable property by its owner is imprescriptible, meaning it never expires with the passage of time. This decision of 25 March 2021 is a victory for owners, but also raises questions for good-faith occupants.

In this article, I will analyse this decision, explain why it is important, and give you practical advice to avoid or manage this type of dispute, whether you are an owner in Colomiers, a tenant in Toulouse or a property professional.

The Facts: A Story Like Many Occur Every Day

The case pits the company Bpifrance Financement against its former employee, Mr X. The latter occupied a dwelling belonging to the company as part of his employment contract. When the contract ends, Bpifrance asks him to vacate the premises. Mr X refuses and remains in the premises without any right. Bpifrance then sues him for eviction.

Before the Paris Judicial Court, Mr X raises a seemingly unanswerable procedural point: he invokes the limitation of the action. According to him, the eviction action is subject to the extinctive prescription of thirty years (Article 2227 of the Civil Code), and since he has occupied the dwelling for more than thirty years, the action is inadmissible. The court follows him and declares the action time-barred. Bpifrance appeals, but the Paris Court of Appeal upholds the judgment: for it, the eviction action is a personal action, subject to the thirty-year limitation, and the period runs from the end of the employment contract.

Bpifrance then appeals to the Supreme Court. The question put to the Supreme Court is simple: is the action for eviction of an occupant without right or title, based on the right of property, a vindication action (imprescriptible) or a personal action (prescriptible)?

What few people know is that the distinction between a real action (concerning a thing) and a personal action (concerning an obligation) is crucial in property law. Vindication is the action by which the owner claims recognition of his right of property and restitution of the property. It is imprescriptible because the right of property is perpetual. Conversely, personal actions, such as the payment of rent, are prescribed by five years (or thirty years for older actions).

The Reasoning of the Court — Analysed

The Supreme Court quashes the appeal judgment and lays down a clear principle: 'the action for eviction of an occupant without right or title, based on the right of property, constitutes a vindication action which is not subject to prescription.' In other words, no matter if the occupant has been there for thirty, fifty or a hundred years: the owner can always seek his eviction.

The judges' reasoning is as follows. The eviction action can have two bases: either it rests on a contract (lease, loan for use), in which case it is a personal action subject to prescription; or it rests on the right of property itself, in which case it is a real vindication action, imprescriptible. In this case, Bpifrance based its action on its right of property, not on the employment contract which had ended. Therefore, the action was a vindication, and prescription could not be raised against it.

This solution is not a surprise: it is part of consistent case law, but it is here stated forcefully. The Supreme Court had already ruled to this effect in a decision of 13 February 2019 (No. 18-10.526). The originality of the decision of 25 March 2021 is to decide the particular case of occupation linked to an employment contract. In short, once the contract ends, the occupation becomes without right or title, and the owner can bring a vindication action without time limit.

However, note: this imprescriptibility does not mean that the owner can act at any time without consequence. For example, if the owner has led the occupant to believe that he has a right (by accepting rent after the end of the contract), this could create a verbal lease, and the action would then become personal and prescriptible. But in the absence of any act by the owner, the vindication is eternal.

What This Changes for You — Concretely

For landlord owners, this is a major legal security. If a tenant remains in the premises after the end of the lease, or if an occupant without title moves in, you can start eviction proceedings at any time, without fear of prescription. Example: in Colomiers, an owner rented a flat in 1990. The tenant died in 2000, but his daughter continues to occupy the premises without paying. The owner, who did nothing for twenty years, can still seek eviction in 2024. Before this decision, a judge could have considered that the action was prescribed after thirty years from the death of the tenant.

For tenants and good-faith occupants, beware: if you occupy a dwelling without title, even for a long time, the owner can evict you at any time. You cannot invoke prescription to stay. However, if you have paid rent after the end of the contract, this could be interpreted as a verbal lease. In that case, the owner will have to act within the framework of the lease, with a limitation period of five years for unpaid rent, but the eviction action based on the lease remains subject to the ordinary limitation period (thirty years for leases concluded before 2009, five years for leases concluded after).

For purchasers, this is an additional reason to check the occupation of the property before buying. An occupant without title can be evicted, but it takes time and money. If you buy an occupied property, ensure that the occupant has a title (lease) and that this title is enforceable. undefined, I have come across cases where the purchaser of a property in Toulouse discovered after the sale that the former owner had allowed a relative to occupy the premises without a lease. The eviction took two years. With this case law, the purchaser can act, but it would have been better to negotiate the occupant's departure before the sale.

Four Tips to Avoid This Type of Dispute

• Draw up a written lease contract. Even for a short-term rental, a written lease allows the rights and obligations of each party to be fixed. In case of conflict, you can act on the basis of the contract (personal action) and not solely on the right of property. This avoids ambiguities on the starting point of the limitation period.
• Do not let time pass. If a tenant stops paying or remains in the premises after the end of the lease, act quickly. Even if the vindication action is imprescriptible, the longer you wait, the harder it will be to prove the absence of title and recover unpaid rent (these actions are prescribed by five years).
• Serve a formal notice to the occupant in writing. Send a registered letter with acknowledgement of receipt asking him to vacate the premises. Keep a copy. This proves that you have not tacitly accepted his occupation. If you accept a payment after the end of the contract, specify that it is an occupation indemnity and not rent, to avoid creating a verbal lease.
• Consult a lawyer lawyer at the first signs of conflict. A lawyer will help you choose the right strategy: vindication action or action based on contract. For example, if the occupant is a former employee, the qualification of the occupation can be complex. In Pamiers, an owner lost his case because he based his action on the employment contract, when he should have acted on the ground of vindication. Do not make the same mistake.

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Further Analysis: Related Case Law and Developments

This decision is part of a line of case law protecting the right of property. In a decision of 13 February 2019 (No. 18-10.526), the Supreme Court had already held that the action for eviction of an occupant without right or title is an imprescriptible vindication action. The decision of 25 March 2021 confirms and clarifies that this applies even where the initial occupation was based on a contract (of employment) which has ended.

An older decision, of 10 July 2013 (No. 12-21.497), ruled in the same sense for an occupation without title after a residential lease. The case law is therefore consistent and shows no sign of a contrary development. Courts are now aligned: the owner who acts on the basis of his right of property is never time-barred.

What does this trend mean for the future? Probably increased protection for owners, but also an incentive for occupants to regularise their situation. If you occupy a dwelling without title, do not count on prescription to stay. Better to negotiate a lease or leave quickly, or risk having to pay occupation indemnities (which may be retroactive for five years) and eviction costs.

Checklist Before Acting

FAQ: Practical Questions

1. Can I evict an occupant without title who has been there for 40 years? Yes, the vindication action is imprescriptible. You can act at any time, but beware: if you have accepted rent during those 40 years, this could be recharacterised as a verbal lease. In that case, the eviction action based on the lease is prescriptible (30 years for old leases, 5 years for recent leases). Consult a lawyer to determine your situation.
2. What are the costs of eviction proceedings? Costs vary depending on complexity. Expect between €1,500 and €5,000 for the judicial process (lawyer, bailiff, court fees), plus costs of forced eviction (bailiff, removal, storage) if the occupant does not leave voluntarily. On average, a contested eviction costs between €3,000 and €8,000.
3. How long do eviction proceedings take? From the summons to the actual eviction, allow 6 to 18 months on average, or longer if the occupant files multiple appeals. The winter truce (from 1 November to 31 March) suspends evictions, which can extend the time.
4. What if the occupant is a former employee? If the dwelling was linked to his employment contract, once the contract ends, the occupation becomes without title. You can bring a vindication action, as in the decision of 25 March 2021. But beware: employment law may impose notice periods or severance. Consult a lawyer specialising in property law and employment law to avoid pitfalls.
5. Can I claim damages from the occupant? Yes, you can claim an occupation indemnity (equivalent to market rent) for the period the occupant stayed without title, as well as damages for disturbance of enjoyment. These actions are personal and are prescribed by 5 years from each due date. Do not delay in claiming them.

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