The winter moratorium for 2026-2027, which starts in six days, would ordinarily shield tenants from eviction from November 1 to March 31. Yet this social shield comes with certain exceptions. So, who truly deserves winter protection?
It’s essential to know that the moratorium does not apply if an adequate relocation is guaranteed. On top of that, since the Kasbarian-Bergé Law of July 27, 2023, occupants who entered a home “with the aid of maneuvers, threats, acts of violence or coercion” lose the benefit of the moratorium. This reform has, in fact, contributed to a record level of evictions in 2025.
The notion of “maneuvers” remains fuzzy in case law. Does it require a physical break-in? Is a verbal threat enough? Courts interpret this exception strictly to avoid abuse. A simple squat, with no violence or deceit, theoretically keeps the winter protection. But as soon as a door is forced, a lock is broken, or intimidation is proven, eviction becomes enforceable even in January. This distinction creates a moral hierarchy: the squatters who are “passive” benefit from the moratorium, while the “active” ones do not. The legislators’ intention was to shield property owners who fall victim to violent intrusions. The result: a gray zone where every case becomes a semantic debate about the nature of the “maneuvers.”
Relocation guaranteed: an escape hatch for municipalities
The moratorium can be lifted if “the relocation of the interested parties is guaranteed under conditions that adequately respect the unit and the family’s needs.” What qualifies as an “adapted” relocation? The law requires that it preserve family unity and meet essential needs (size, proximity to schools, accessibility). But in practice, local authorities struggle to offer high-quality housing solutions. A 20 m² studio for a family of four, is that considered “sufficient”? A home 50 kilometers from the workplace, does that satisfy the “needs”? This exception turns the moratorium into a budgeting variable: municipalities with a public housing stock can evict year-round, while others must wait until April.
Electricity and gas: power reduction, the blind spot in protection
Article L115-3 of the Code of Social Action and Families prohibits energy suppliers from disconnecting electricity, gas, and heating of a primary residence from November 1 to March 31. But the decree of February 27, 2014 allows a reduction of power to 3 kVA for meters rated at 6 kVA or more. In practical terms, a household can be left unable to heat its home and to run another electrical appliance at the same time.
Unlike electricity and gas, drinking water enjoys full-year protection. No disconnections, no throttling allowed—even in the event of nonpayment. The Court of Cassation reaffirmed this principle in a May 16, 2018 ruling.
Read also
Winter moratorium: 30,000 households facing eviction
