Chapter II: Special provisions for residential or business premises

If the eviction relates to a place inhabited by the person being evicted or by any occupant in his or her own right, it may only take place at the end of a period of two months following the summons, without prejudice to the provisions of articles L. 412-3 to L. 412-7. However, the judge may, in particular when the rehousing procedure carried out pursuant to article L. 442-4-1 of…

Where eviction would have exceptionally harsh consequences for the person concerned, particularly due to the time of year in question or atmospheric circumstances, the period provided for in Article L. 412-1 may be extended by the judge for a period not exceeding three months.

The judge may grant renewable deadlines to occupants of inhabited premises or business premises whose eviction has been ordered by the court, whenever the persons concerned cannot be rehoused under normal conditions. The judge ordering the eviction may grant the same deadlines, under the same conditions. This provision does not apply when the landlord exercises his right of repossession under the conditions provided for inarticle 19 of law no. 48-1360…

Under no circumstances may the periods provided for in article L. 412-3 be less than one month or more than one year. In setting these deadlines, account is taken of the good or bad will shown by the occupant in fulfilling his obligations, the respective situations of the owner and the occupant, particularly with regard to age, state of health, status as a war casualty, the family or financial situation…

As soon as the order to vacate the premises has been issued, the bailiff responsible for enforcing the eviction order will refer the matter to the representative of the State in the département so that the latter can inform the commission for the coordination of actions to prevent rental evictions provided for in article 7-2 of law no. 90-449 of 31 May 1990 aimed at implementing the right to housing,…

Notwithstanding any eviction order that has become final and notwithstanding the expiry of the periods granted under article L. 412-3, any eviction order that has not been enforced by 1st November of each year shall be suspended until 31st March of the following year, unless the persons concerned are rehoused in sufficient conditions that respect the unity and needs of the family. By way of derogation from the first paragraph…

The provisions of articles L. 412-3 to L. 412-6 are not applicable to the occupants of premises specifically intended for student accommodation when the persons concerned cease to satisfy the conditions for which the accommodation was made available to them. The provisions of Title II of this book do not apply to these occupants either.

Articles L. 412-1 to L. 412-7 are not applicable to the eviction of the spouse, partner linked by a civil solidarity pact or violent cohabitee ordered by the family affairs judge on the basis of the article 515-9 of the Civil Code.