You may have seen the news: the Senate has adopted, in first reading, a bill aiming to toughen the fight against squatting. The text was voted on January 20, 2026. It doesn't change anything for you yet, whether you're a landlord or a tenant. But it's worth a closer look, because it touches on a very real fear: finding your home occupied, or being falsely accused of being a squatter when you have a valid lease.
What's at stake here is correcting a flaw in Law No. 2023-668 of July 27, 2023. That law had already strengthened penalties against squatters and sped up certain procedures. But one point remained shaky: the prefectural procedure for forced eviction did not apply in all cases where a landlord finds themselves dispossessed of their home. The bill adopted by the Senate aims to broaden this procedure, while explicitly protecting good-faith tenants.
Keep in mind, we're talking about a proposal, not a rule in force. The text still needs to be reviewed by the National Assembly. It can be amended, rejected, or adopted as is. Nothing is set in stone.
The 30-Second Answer
The Senate adopted on January 20, 2026 a bill that expands the prefectural procedure for forced eviction of squatters. The text corrects a flaw in the law of July 27, 2023: currently, a landlord whose home is illegally occupied can ask the prefect to order an eviction without going through a judge, but only in certain specific cases. The bill aims to extend this mechanism to situations that were excluded.
What matters for you:
- This is not yet law. The text must go before the National Assembly. No effective date has been set.
- Good-faith tenants are explicitly excluded from the measure. If you have an ongoing lease, you are not affected by these procedures.
- The 2023 law remains the current reference. Its provisions continue to apply until the new text is definitively adopted.
If you want to check that your lease doesn't contain a clause that could weaken your position, you can analyze your rental contract. It's quick, and it gives you a clear view of your rights.
What the Law Says
To understand what this text changes, we first need to recall what current law says. Law No. 2023-668 of July 27, 2023 created an administrative procedure for forced eviction. In practice, a landlord whose home is squatted can ask the prefect to formally order the occupant to leave. If the occupant doesn't leave, the prefect can order forced eviction, without going through a judge.
This procedure is regulated. It only applies if the home is illegally occupied, meaning without any right or title. It does not apply to tenants with an ongoing lease, even if they have unpaid rent. For a tenant who stops paying, the procedure is different: it goes through the judge for protection disputes, with an eviction order.
The flaw the Senate wants to correct is this: the prefectural procedure from the 2023 law does not apply in all cases of unlawful occupation. Some landlords find themselves in a gray area, where they can neither use the prefectural procedure nor quickly obtain a court decision. The bill adopted on January 20, 2026 aims to broaden the scope of the prefectural procedure to cover these situations.
The text also plans to strengthen penalties against squatters. But again, nothing is final. The National Assembly can amend the text, reject it, or vote it as is.
Why This Could Be Problematic
Squatting is an emotional topic. For a landlord, finding their home illegally occupied is an ordeal. One can understand the anger, the feeling of being helpless, the slowness of procedures. The 2023 law addressed some of these concerns by creating the prefectural procedure.
But this procedure also raises questions. It allows the administration to order an eviction without a judge having examined the situation. This is a potential infringement on the right to housing, which is a fundamental right recognized by the law of July 6, 1989. The risk is that a person with a fragile occupancy title, or who contests the validity of their lease, could be evicted without having been able to present their arguments before a court.
That's why the text adopted by the Senate emphasizes the exclusion of good-faith tenants. If you have signed a lease, pay your rent, and occupy the home as your primary residence, you are not affected by these procedures. Even if your landlord claims otherwise.
Let's take a concrete example. Imagine you've been renting an apartment for two years. Your lease is in order, you pay your rent every month. One day, your landlord tells you they want to reclaim the home to house a family member. They tell you you're a squatter and they'll ask the prefect to evict you. That's false. You have an ongoing lease, you're protected by the law of July 6, 1989. The landlord cannot use the anti-squat procedure against you. They must follow the rules for notice, with a notice period and a legitimate reason.
Another example: you're in a shared rental, and one of your roommates gives notice. The landlord cannot consider that you've become a squatter because the lease was modified. As long as you have an occupancy title, you're protected.
Exceptions to Know
The text adopted by the Senate includes several exceptions and safeguards. Here's what to remember:
- Good-faith tenants are excluded. If you have an ongoing lease, you are not affected by the prefectural procedure.
- Occupants without any right or title remain the target. The procedure targets people who occupy a home without any title, for example after a break-in or fraudulent entry.
- Unpaid rent situations are not affected. A tenant who stops paying rent is not a squatter. The eviction procedure for unpaid rent goes through a judge, not the prefect.
- The text can still evolve. The National Assembly can modify the conditions of application, deadlines, or penalties.
If you're a tenant and your landlord threatens you with an anti-squat procedure, stay calm. Check that your lease is in order, that you have a valid occupancy title. If so, you're protected. You can analyze your lease to check that it doesn't contain any abusive or irregular clause that could weaken your position.
Checklist: What You Should Verify
If you're a tenant and worried about this news, here are the points to check:
- Your lease is signed and you have a copy.
- The lease mentions the living area, the rent amount, and the duration of the lease.
- You pay your rent and charges regularly.
- You occupy the home as your primary residence.
- You haven't received a valid notice from the landlord.
- If you received a notice, you've checked that it complies with legal conditions (reason, notice period, form).
If you check all the boxes, you have no reason to worry. The anti-squat bill does not concern you.
Possible Actions
If you're a landlord and your home is squatted, current law already allows you to act. You can:
- File a complaint for trespassing.
- Contact the prefect to request a formal notice to the occupant, if the conditions of the 2023 law are met.
- Go to the judge for protection disputes to obtain an eviction.
The bill adopted by the Senate aims to simplify the second option. But until it's definitively adopted, the 2023 law applies.
If you're a tenant and your landlord falsely accuses you of being a squatter, you can:
- Remind them that you have an ongoing lease, and that the anti-squat procedure does not apply to good-faith tenants.
- Ask them to justify their position in writing.
- Go to the judge for protection disputes if the situation persists.
In any case, don't face a confusing situation alone. Check your lease to know exactly what your rights and obligations are.
FAQ
Is the anti-squat bill already in force? No. The text was adopted in first reading by the Senate on January 20, 2026. It still needs to be reviewed by the National Assembly. No effective date has been set.
Am I affected if I'm a tenant with an ongoing lease? No. Good-faith tenants are explicitly excluded from the measure. If you have a valid lease and occupy the home as your primary residence, you are not affected.
Can my landlord call me a squatter if I have unpaid rent? No. A tenant who stops paying rent is not a squatter. The eviction procedure for unpaid rent goes through a judge, not the prefect.
What should I do if my landlord threatens me with an anti-squat procedure? Stay calm. Check that your lease is in order. If it is, you're protected. You can ask your landlord to justify their position in writing, and go to court if necessary.
Is the 2023 law still in force? Yes. Law No. 2023-668 of July 27, 2023 remains the reference until the new bill is definitively adopted.
Sources
- Law No. 89-462 of July 6, 1989 aimed at improving landlord-tenant relations - Légifrance
- Security deposit in a residential lease - Service Public
- Notice period and formalities for notice given by the tenant - Service Public
- Charges to be paid by the tenant - Service Public
- Entry inventory in a residential lease - Service Public
- Drafting a residential lease - Service Public
- Housing - Service Public
- Unfurnished lease: amount and duration of the lease contract - ANIL
Legal Information
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