Eviction of a Squatter: Property Right Prevails over Right to Home

Imagine: you are the owner of a house in Caussade. You rent it to a tenant who, overnight, stops paying and clings to the premises without any right. Or worse, a squatter moves into your second home in Beaumont-de-Lomagne. What can you do? How far can the protection of his "home" go in the face of your right to property? This question was answered by the Court of Cassation in a judgment of 28 November 2019 (No. 17-22.810), which is now a leading case. In clear terms, it states that eviction is the only measure allowing the owner to recover the full extent of his right over the property illicitly occupied. And that this eviction, even if it interferes with the occupant's right to respect for his home protected by Article 8 of the European Convention on Human Rights, is not disproportionate given the seriousness of the interference with the right to property. In other words, the owner has the last word.

The facts: a story that happens every day

In this case, everything begins in Aix-en-Provence. The municipality of Aix-en-Provence owns a dwelling. People move in without any title: no lease, no occupancy agreement. They are there, period. The municipality then initiates summary proceedings before the tribunal de grande instance to obtain their eviction. The judge in summary proceedings can order the eviction of an occupant without right or title, even without a prior court decision, as soon as the occupation is unlawful. But caution: he must verify that the measure is proportionate, i.e., that it does not cause an excessive interference with the occupants' right to respect for private life and home, guaranteed by Article 8 of the European Convention on Human Rights. In this case, the occupants were a family with children, who had been living there for several months. Their lawyer argued that eviction would deprive them of their home, which would be disproportionate. The municipality, for its part, argued that the occupation was unlawful and that its right to property was violated. The tribunal de grande instance initially rejected the eviction request, considering the measure disproportionate. The municipality appealed. The court of appeal upheld the rejection. The municipality then appealed to the Court of Cassation. And the Court of Cassation quashed the appeal judgment, holding that the lower court judges had not sufficiently motivated their decision. The case was remitted to another court of appeal.

The reasoning of the court — dissected

The Court of Cassation relied on two fundamental texts: Article 8 of the European Convention on Human Rights (which protects the right to respect for the home) and Article 1 of Protocol No. 1 to that Convention (which protects the right to property). It recalls that these two rights must be balanced. But it adds a crucial element: when the occupation is unlawful (without right or title), eviction is the only measure that allows the owner to recover the full extent of his right. In other words, there is no less restrictive alternative. Consequently, the interference with the occupant's right to home cannot be disproportionate, given the seriousness of the interference with the right to property. This is a two-step reasoning: first, the unlawful occupation is established; second, it is verified whether the eviction is proportionate. However, the Court of Cassation gives a very strong indication: in case of unlawful occupation, the balance tips in favour of the owner. But caution: this is not a blank cheque. The lower court judges must always examine the particular circumstances (age of the occupants, duration, etc.). But the 2019 judgment marked a turning point: it reminded that the right to property is not a subsidiary right. undefined, I have come across cases where owners waited months, even years, before recovering their property, because judges hesitated to order eviction for fear of violating Article 8. Now, the trend is more favourable to the owner.

What this changes for you — concretely

For the landlord owner: If you own a dwelling in Beaumont-de-Lomagne and a squatter moves in, you can request his eviction in summary proceedings. You do not need to wait for a judgment on the merits. Eviction will be ordered if the occupation is unlawful. But caution: you must prove that the occupant has no right (no lease, no agreement). If the squatter claims to have a title, the procedure will be longer. Concrete example: an owner who suffers unlawful occupation for 6 months loses about €6,000 in rent (based on €1,000/month). With this case law, he can hope for eviction in 2 to 3 months, compared to 6 to 12 months previously.

For the existing tenant: If you are a tenant and you stop paying, you are not considered an occupant without right or title as long as the lease has not been terminated. Eviction can only occur after termination of the lease and a formal notice to pay. This decision only concerns unlawful occupants (squatters, occupants without title after sale, etc.).

For the buyer of an occupied property: If you buy a dwelling occupied by a squatter, you can request his eviction in summary proceedings on the basis of this case law. You do not have to wait for a notice period to expire. However, caution: if the occupant is a sitting tenant (with a lease), you must respect the existing lease.

For the co-owner: If a co-owner squats the common parts, the syndic can act in summary proceedings to obtain his eviction. The case law also applies.

Four tips to avoid this type of dispute

• Verify the identity of occupants before any sale or rental: Before buying a property, request an inventory of fixtures and require the seller to certify that the property is free of any occupation. If occupants are present, require their departure before signing.
• Draft a written and signed lease: An oral lease can be a source of disputes. A written lease allows proof of the existence or absence of a title of occupation.
• In case of unlawful occupation, act quickly: Do not wait. Apply to the summary judge as soon as you notice the occupation. The longer you wait, the more the occupant can argue duration to challenge proportionality.
• Keep all evidence: Photos, bailiff's reports, letters, witness statements. Any element proving the absence of a right is useful.

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Further reading: related case law and developments

This decision is part of a consistent line of case law. Already in 2015, the Court of Cassation had held that the eviction of an occupant without right or title did not constitute a disproportionate interference with his right to respect for his home (Cass. civ. 3e, 12 March 2015, No. 14-10.784). But the 2019 judgment is clearer: it states that eviction is the only measure allowing recovery of the right to property. However, there is a decision of the European Court of Human Rights (ECtHR) of 14 January 2016, M. v. France, which condemned France for the eviction of a Roma family without rehousing. But that case concerned good faith occupants (they were housed by a third party). The difference is fundamental: in our judgment, the occupation is unlawful, which justifies less protection. The current trend of French courts is therefore clear: the right to property prevails over the right to home in case of unlawful occupation. This does not mean that eviction is automatic, but the owner has serious advantages.

What you absolutely must remember

FAQ:

1. Can I evict a squatter without a court decision? No, it is prohibited. You must obtain a court decision. But in summary proceedings, the procedure is rapid (a few weeks to a few months).
2. What if the squatter claims to have a lease? Ask him to produce it. If he does not, the judge will consider him without title. If he produces a fake, it is a question of substance requiring a longer procedure.
3. What are the time limits for obtaining an eviction? In summary proceedings, the average time is 2 to 4 months. But if the squatter contests, it can take 6 to 12 months.
4. Do I have to rehouse the squatter? No, unless the judge orders it (for example, if there are children and the eviction takes place in winter). But in practice, judges rarely order rehousing for squatters.
5. Can I cut off water and electricity to force departure? No, it is prohibited. You risk criminal prosecution. Only the judge can order eviction.

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