Free accommodation does not create any lease, but it generates procedural obligations identical to those of a classic eviction as soon as the occupant remains in the premises against the will of the host. The confusion between an occupant without rights and a protected tenant remains the primary source of tactical errors in this type of case.
Documenting the precariousness of the occupancy title before any formal notice
The strength of an eviction procedure relies on the proof that the accommodation was temporary and free. We recommend compiling this file at the first signs of tension, without waiting for an explicit refusal to leave.
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The elements to systematically gather:
- Messages (SMS, emails, messaging) mentioning the expected duration of the stay or the temporary nature of the accommodation
- Total absence of regular financial compensation, evidenced by bank statements without recurring transfers from the occupant
- Testimonies from relatives confirming the initial conditions of the accommodation
- Any correspondence in which the guest acknowledges not being a tenant
Without this evidence, the judge may requalify the situation as prolonged occupation with tacit tolerance, which considerably lengthens the timelines. When the hosted person does not want to leave, prior documentation often makes the difference between a procedure lasting a few months and a judicial quagmire.
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Prohibited acts: what the host can never do
Changing locks, cutting off water or electricity exposes one to criminal prosecution. This principle applies even in the absence of a lease and even if the occupant pays no rent. French law protects anyone who has established their residence in a dwelling, even if temporarily.
Removing the personal belongings of the guest, blocking access to common areas, or exerting pressure to provoke a voluntary departure constitutes prohibited acts. The owner or host then risks a complaint for violation of domicile, even if they are in their own home.
The only legal avenue remains the court decision followed by forced execution by a judicial officer. Any unilateral initiative, no matter how legitimate it may seem, weakens the host’s position before the court.
Eviction procedure for a free guest: referral to the contentious judge
Unlike the eviction of a tenant, no formal notice is required by law since there is no lease to terminate. However, we observe that judges almost always require proof of a prior amicable request, formalized by a registered letter with acknowledgment of receipt setting a reasonable deadline for departure.
Written formal notice and deadline to vacate
The registered letter must recall the free and temporary nature of the accommodation, set a specific departure date, and indicate that remaining in the premises beyond this date will lead to a referral to the judge. No strict legal formalism governs this letter, but its drafting conditions the admissibility of the legal action.
Summons before the judicial court
If the occupant does not leave the premises after the allotted time, the host refers the contentious protection judge of the competent judicial court. The request aims to obtain an eviction order. The judge assesses the situation on a case-by-case basis: length of occupation, vulnerability of the guest, relocation efforts.
Once the order is issued, a command to vacate the premises is served by a judicial officer. The occupant then has a legal deadline before the intervention of law enforcement if necessary.
Accelerated anti-squat procedure: an underutilized lever
Public articles limit the anti-squat procedure to classic break-ins. In practice, remaining in the premises after the end of an occupancy title can fall under this accelerated administrative route, under certain conditions.
The host must file a complaint and have the occupation verified by a judicial officer. The prefect can then order the occupant to vacate the housing within a short period. This procedure does not apply to all cases, particularly when the occupant establishes that they have set their primary residence in the housing for a significant duration.
We recommend checking eligibility for this procedure with a lawyer specialized in real estate law before engaging in the classic judicial route, which is longer.
Host tenant: protecting their lease and security deposit
When the host is also a tenant, the situation adds an additional risk. The landlord can invoke a breach of lease obligations if the occupation by a third party generates neighborhood disturbances or degrades the housing.
The host tenant must inform their landlord as soon as the dispute arises. This transparency limits the risk of lease termination for fault. The return of the security deposit may also be compromised if the landlord notices damages attributable to the occupant.
Keeping proof of every exchange with the landlord, documenting the condition of the housing with dated photos, and promptly reporting any damages allows for distinguishing the host’s responsibility from that of the unwanted occupant.
The reflex to adopt remains the same in all scenarios: formalize in writing, never resort to physical or material coercion, and refer to the competent judge as soon as the amicable deadline expires. A well-prepared file in advance shortens the procedure by several months.