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New French law toughens rules on squatters

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New French law toughens rules on squatters
A woman holds a placard reading "Housing is a right" during a demonstration organised by Rights for housing association against the anti-squat law in November 2022 (Photo by Thomas SAMSON / AFP)

France's parliament has adopted new legislation that will toughen penalties for squatters and make it easier for landlords to evict tenants who have not paid.

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France's senate has adopted a new law which will increase penalties for squatters and make it easier for landlords to evict tenants who are in arrears. 

Most notably, the new bill will increase jail time for those found to be illegally resident in another's home (squatting), increase fines, and allow landlords to more easily terminate leases in the event of unpaid rent.

 

 

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Squatters will now face a maximum of three years in prison and a fine of €45,000 - this is a tripling of the previous penalties, which were one year maximum in prison and a fine of €15,000.

The bill will also speed up procedures in the event of unpaid rent by creating a new termination clause that will allow landlords to evict tenants without having to go through the courts (in the event of unpaid rent). Previously, this could only be done after taking legal action. 

However, this clause could be suspended under certain circumstances - like if the tenant is able to resume and return full payment - at the request of a judge. It also does not affect the trève hivernale (winter truce) which bars landlords from evicting tenants during the winter months.

The legislation also creates a new criminal offence - anyone found to have advertised or encouraged a 'home invasion' (squatting) can be punished with a fine of up to €3,750.

The Left and social groups advocating for housing access have slammed the law as inhumane.

Socialist senator Marie-Noëlle Lienemann called the bill an "offence against the most deprived", and criticised the legislation for not considering the fact that France is currently facing a housing crisis.

With new home sales and builds down in France, experts have been warning that the country could face a shortage of rental accommodation, as people who would normally be able to purchase a home will continue renting.

READ MORE: Why France is facing a 'property crisis'

The charity Secours Catholique told AFP that the application of the new law could "double the number of homeless people", which is estimated to currently be at 300,000 across France based on the latest report by the Abbé-Pierre Foundation.

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The head of the organisation New Solidarity for the Housing Fedaration, Maxime Baduel, told Huffpost that the law criminalises those who have no other solution. "The reporters push us to believe that squatting is only done under malicious circumstances, but these types of cases are very rare.

"Most of the time, it is people on the street, like refugees, who are experiencing great poverty and want to take shelter". 

Responding to the accusation the law could have severe social consequences, the Minister for Housing, Olivier Klein, told AFP that "the bill was never intended to solve the housing crisis in our country, but it helps to fight against abuse, against those who take advantage of the system and rip off the little guy".

This was the senate's second reading of the bill - and no changes were made to its character in this reading - meaning that it will now move forward to be promulgated and put into law. 

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