The expulsion procedure is particularly complex in France (photo illustration). (© Bohed / Pixabay)
The owners say they will have to pay several thousand euros for the clearing of the squatted house.
It is the obsession of many owners: to see his house squatted for months or even years and recover in a deplorable state. This misadventure happened to a group of heirs for a house located at La Besnerais in La Chapelle-des-Fougeretz near Rennes, as reported by Ouest-France in its Monday edition.
On the death of their parents in 2016, the children inherit this family home of 110 m2 built in the 1970s. But before they could decide what they would do exactly the house, which is then unoccupied, "three women, of Romanian nationality, and their children" take up residence there, according to the information of the daily newspaper. The squat thus begins in August 2018.
The owners then embark on an eviction procedure but it does not succeed. "Nobody ever came to see how the squatters lived, but the judges were right because the house was not inhabited," says one of the owners in the Breton daily.
Carcasses of abandoned cars and caravans
The squatters finally left the home, almost 9 months after their entry. But the owners have found the house in a lamentable state. Ouest France evokes a dozen carcasses of abandoned vehicles in the garden, as well as four vans full of mattresses and three caravans. In addition, many rubbish and debris litter the ground and dry toilets were improvised outside. There would be several thousand euros of clearing, according to the owners.
During the illegal occupation of the premises, the squatters' families explicitly mentioned the laws protecting them by displaying them on the door of the house, threatening the persons entering the places of legal proceedings. The Elan law certainly facilitated the eviction of squatters in some cases. But the procedure is often very complex and long.
An expulsion procedure still very long and complex
Article 226-4 of the Penal Code states that "the introduction into the home of others by means of maneuvers, threats, assault or coercion, except where permitted by law, is punished with one year's imprisonment and 15,000 euros fine ". "The maintenance in the home of others following the introduction mentioned in the first paragraph, except where permitted by law, is punishable by the same penalties," he adds. But these are cases where the place is considered a home.
Moreover, Article L412-6 of the Code of Civil Enforcement Procedures states that in matters of deportation, once all the time limits and appeals have been served, "any deportation performed on the 1st of November each year until 31st March of the following year ". In other words, the winter break applies to squatters on principle. However, since the Elan law, "by derogation (…), this stay does not apply when the deportation order was issued because of an unlawful introduction into the home of others by assault ", details the same article of the Code of Civil Enforcement Procedures. Likewise, the two-month period for leaving the premises after the issuance of the command is deleted in this case. But again, it is the squatted goods that served as home (for a tenant or an owner).
In all other cases, it is the "classic" expulsion procedure that applies, with a winter break that applies to squatters. This procedure, detailed in particular by Articles L411-1 and L412-1 (and following) of the Code of Civil Enforcement Procedures, is extremely complex to implement. It can then take up to two years before law enforcement is allowed to effectively evict squatters. Any owner who would like to do himself justice by recovering by his own means the premises may then prosecution. This regularly gives rise to ubiquitous situations.