Why do squatters have the right to live in your home?

It seems unfair, but why do squatters in France have the “right” to occupy your home as they want?

This is a reality that many owners experience: from one day to the next they see their house or apartment being occupied by squatters, without being able to do anything about it. THE squattersthey have broken into their homes and act as if they are at home.

A financial loss and concern for many poor owners deal with the situation. The latter often report injustices, while some even end up on the streets due to illegal occupations or in economic difficulty, forced to pay for a second home or stripped of bank credit. But how is this possible?

1. When can we talk about squatters?

According to the Public Service, “occupation is the act of entering a place by breaking and entering (after having forced a lock, broken a window, etc.), by deception, with threats or with violence, to occupy it without the permission of its owner« .

« A tenant Anyone who remains in the accommodation after the expiry of the rental contract and without the owner’s consent is not illegal. The same applies to the person who refuses to leave the property after having been hosted there by the person who lives there. adds the site.

In other words, people are said to be squatting in your home if they have entered your home without your permission and remain there even if you ask them to leave. Some illegal occupants can ensure that they are tenants of the accommodation, but if no dance contract it does not exist and is signed by both parties, it has no value.

SEE ALSO: How Long Does It Take for a Squatter to Own Your Home?

2. Why do squatters have the “right” to stay in your house or apartment?

Squatting is illegal in France. “For having entered the lodging, 3 years of imprisonment and a fine of 45,000 euros, and for having occupied such accommodation, 3 years of imprisonment and 45,000 euro fine« , explains the Public Service.

But if it’s illegal, why can’t some landlords evict them and why don’t the police always do it? First of all, as the Public Service says, “if your primary or secondary (furnished) residence is occupied, you don’t have to force it yourself the illegal occupants to vacate the accommodation». Otherwise you risk 3 years in prison and a 30,000 euro fine.

As Le Figaro said, «Squatters take advantage of the owner’s absence to take over the premises. Contrary to what one might believe, these squatters are often very aware of the legislation. Consequence: the owner cannot recover his accommodation« .

“The law even prohibits him from immediately taking back his property, under penalty of attack by… squatters home invasion« , adds the site.

But it’s the squatters who are trespassing into your home, so how can this happen? There is in fact a deadline to be met before the place becomes the home of squatters. 48 hours. You have 48 hours call the police and prove that the house is yours. After this period the occupants can remain in the accommodation until the court’s decision.

Please note the profile of the illegal occupants is taken into consideration. If he is a single man, for example, he could be evicted beyond this period. But if it is a woman with children, for example, the matter is much more complex.

SEE ALSO: Occupied housing: what does the law say in France?

3. How to remove these people?

So you have 48 hours to do it Call the police and demonstrate that the accommodation is yours and that the squatters entered without your authorization. You will then need to attach a document with the accommodation address and your name, such as an invoice. If the door or window was forced open, you will need to attach photos as well.

During these 48 hours

According to the utility, you have to first « file a complaint for trespassing at the police station or gendarmerie »Then « demonstrate that the accommodation is your home or goods, for example using invoices, tax documents, a certificate provided by a neighbor” et « note by a judicial police officer, or by the mayor, or by a justice commissioner (former judicial officer), that the accommodation is occupied».

Subsequently, within 48 hours, a warning may be served on the illegal occupants. After that, they will have it 24 hours to vacate the premises. In the case of squatters, the winter break does not apply and if they refuse to leave, force will be used. Please note that even after the 48 hour period, performing these steps remains important, so do them anyway.

After the 48 hour period

After 48 hoursyou have no choice but to take the matter to court. The objective is to request the expulsion of the illegal occupants. It will be necessary get a lawyerwhich he will seize the judgebut you will always have to prove that you are the owner of the premises and that the accommodation is occupied illegally. The procedure can therefore be very long. A summons may be sent to illegal occupants and they will have to leave the accommodation in a expiry of one month if the judge decides.

“Once the sentence has been issued, the occupants are informed by the commissioner of justice of their obligation to leave the accommodation. If they do not respect the court’s decisionthe commissioner of justice informs them a second time of the obligation to leave the premises and, if necessary, asks the prefect for the intervention of the public force to carry out the expulsion», can also be read here.