Occupation Without Right or Title: Eviction Impossible for Squatters Even in Winter?

Imagine the scene: you own a flat in Cagnes-sur-Mer, near the beach. You rent it to holidaymakers in summer, but in winter it stands empty for a few weeks. One day you drop by and notice the lock has been changed. Strangers have moved in. You call the police, but they say it's a civil dispute. What to do? Wait months for a trial on the merits? The question every owner asks is: can I obtain a swift eviction in summary proceedings? The answer from the French Supreme Court is clear: yes, because occupation without right or title constitutes a manifestly unlawful disturbance. But note: lower court judges had refused eviction by invoking the occupants' right to respect for private life (Article 8 of the European Convention on Human Rights). The Cour de cassation overturned that reasoning in its judgment of 21 December 2017 (No. 16-25.469). Analysis.

The Facts: A Story That Happens Every Day

Habitat Toulouse, a public housing authority (social landlord), owns a property. Mr and Mrs Y occupy a dwelling without any lease or title of occupation. They are not tenants but squatters. Habitat Toulouse brings summary proceedings before the tribunal de grande instance to obtain their eviction. Their argument: occupation without right or title is a manifestly unlawful disturbance, and the summary judge may order the necessary measures to stop it (Article 849 of the Code of Civil Procedure).

The occupants, on the other hand, invoke their right to respect for their home, guaranteed by Article 8 of the European Convention on Human Rights. They explain that they live there, it is their home, and evicting them would be a disproportionate interference with their private and family life. The Toulouse Court of Appeal agrees: it refuses to order eviction, finding that the alleged disturbance is not manifestly unlawful because eviction would be disproportionate to the occupants' rights. Habitat Toulouse appeals to the Cour de cassation.

Twist: the Cour de cassation quashes the appeal judgment. It reminds that occupation without right or title is inherently a manifestly unlawful disturbance. Lower court judges cannot rely on Article 8 to disregard this finding. In other words, the squatters' right to respect for their home cannot justify their continued occupation, as they have no right to occupy the dwelling. The case is remitted to another court of appeal.

Reasoning of the Court — Analysed

To understand the judgment, two stages must be distinguished. First, what is a manifestly unlawful disturbance? It is an obvious violation of a right. Article 1240 of the Civil Code (formerly 1382) provides that "any act of a person which causes damage to another obliges the person by whose fault it occurred to make reparation." Occupying another's property without right or title is a civil wrong causing damage to the owner (loss of enjoyment, possible deterioration). The summary judge, ruling urgently, may order eviction if the disturbance is manifest.

Second, the Court of Appeal had held that eviction would be disproportionate to the occupants' right to respect for their home (Article 8 ECHR). But the Cour de cassation corrects: this right cannot be invoked by occupants without title to oppose an eviction measure, as they have no right to occupy the premises. In short, Article 8 does not create a right to housing for squatters. It protects the home of those who reside there lawfully. Occupation without right or title is a manifestly unlawful disturbance, and eviction is the normal remedy for that disturbance.

What few people know is that this decision confirms earlier case law. The Cour de cassation had already held, in a judgment of 8 December 2016 (No. 15-27.142), that occupation without right or title of a dwelling constitutes a manifestly unlawful disturbance, justifying eviction in summary proceedings. The 2017 judgment goes further by explicitly dismissing the Article 8 argument. It is a confirmation, not a reversal.

Note however: the summary judge retains a discretion. If the occupant has a precarious title (e.g., an oral tenancy agreement), the disturbance may not be manifest. But in this case, there was no title at all.

What This Changes for You — Practically

If you are an owner-landlord and your property is squatted, you can act swiftly. Concretely, you must apply to the summary judge of the tribunal judiciaire (competent since 2020). The procedure is accelerated: a few weeks, even a few days if you demonstrate urgency. Eviction can be ordered without waiting for a trial on the merits. For example, in Vallauris, a landlord obtained eviction of squatters in less than a month thanks to this case law. On the other hand, if you are a tenant, this decision does not directly affect you, unless you are hosting persons without title. The occupant without right must leave quickly: the decision reiterates that they cannot invoke the right to respect for private life to remain.

If you are a buyer of an occupied property, check the occupation carefully. If a squatter moved in before the sale, you can seek eviction in summary proceedings. But caution: if the occupant is a sitting tenant, the procedure is different (notice to quit, etc.).

undefined, I have encountered cases where owners hesitated to act, thinking they had to await a trial on the merits. This decision gives them an immediate weapon. Timeframes: 2 to 4 months for a summary order, then 2 months for actual eviction if the occupant does not leave. Costs: approximately €1,000 to €2,000 for lawyer and bailiff, but recoverable from the occupant.

For co-owners: if a squatter occupies a common area, the managing agent can also act in summary proceedings. The judgment secures this avenue.

Four Tips to Avoid This Type of Dispute

• Regularly inspect your unoccupied property: check at least once a month, especially if it is a second home or holiday rental. In Cagnes-sur-Mer, an owner discovered squatters after three months' absence. A simple visit with a lock change could have prevented the occupation.
• Secure access: install a reinforced door, an alarm system, or monitor entrances with CCTV. Squatters often choose easily accessible properties. A premises in Vallauris was protected by a simple reinforced lock.
• Have occupation recorded by a bailiff: as soon as you have doubts, get a bailiff's report. This will serve as evidence for proceedings. The bailiff can also serve a notice to quit.
• Do not cut off water or electricity yourself: this is illegal and could be held against you. Let the justice system act. However, you can report the occupation to the town hall for a record.

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Further Reading: Related Case Law and Developments

The Cour de cassation had already held, in a judgment of 2 February 2017 (No. 16-11.967), that occupation without right or title of a dwelling by a former tenant after the end of the lease constitutes a manifestly unlawful disturbance. The 2017 judgment extends this logic to squatters with no title at all. Before 2017, some lower court judges might have hesitated to order eviction in summary proceedings if the occupants were vulnerable (families with children, winter). Now, the trend is clear: the disturbance is manifest, and eviction must be ordered, except in exceptional circumstances (e.g., force majeure).

What this means for the future: squatters can no longer rely on Article 8 to buy time. Owners have an effective tool. However, the Constitutional Council could be seized if a law were to restrict this right. For now, the case law is stable.

In Practice: What to Do

Checklist if you discover a squatter in your property:

1. Do not intervene yourself: do not throw them out personally, as this could amount to trespass to the person or home (voie de fait).
2. Have the occupation recorded by a bailiff: arrange this quickly. The bailiff will draw up a report and may even summon the occupants to leave.
3. Apply to the summary judge: your lawyer will file a claim in summary proceedings for manifestly unlawful disturbance. The Cour de cassation decision favours you.
4. Obtain an eviction order: if the judge grants it, the bailiff can proceed with eviction with police assistance if necessary.
5. Recover costs: you can claim damages and procedural costs from the occupant, but in practice, they are often insolvent.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →