When a person hosted for free refuses to leave the accommodation, the legal situation differs significantly from a classic eviction. The absence of a lease does not mean the occupant has no rights, nor does it grant total freedom to the host. Understanding the available levers, their timelines, and their limits helps avoid mistakes with lasting consequences.
Related rights established by the hosted person: the real sticking point
Most guides focus on formal notices and court proceedings. They overlook a concrete issue: over time, the person hosted for free may have anchored their administrative presence in the accommodation.
Receiving mail at the address, registering with the CAF, being listed on electoral rolls, declaring to the tax authorities: each of these actions creates a documented link between the occupant and the accommodation. These elements do not confer a strict right to remain in the premises, but they complicate the process. A judge faced with an eviction request will examine the duration of occupation and the evidence of a real anchoring.
For the host, the difficulty is twofold. It must be demonstrated that the hosting was temporary (hence the usefulness of an initial written agreement) and that the request for departure was formalized. If no written record exists, the host’s word carries less weight against the administrative justifications accumulated by the occupant.
Before initiating any steps, it is therefore advisable to gather evidence of the original agreement: SMS, emails, dated hosting certificates. These documents set the framework and the expected duration of the hosting.
Free hosting and eviction: comparison of steps according to the situation
The procedure varies depending on whether the occupant cooperates or categorically refuses to leave. The table below contrasts the two scenarios for evicting a person hosted for free within the French legal framework.
| Step | Amicable departure | Refusal to leave |
|---|---|---|
| Initial request | Oral or written discussion, agreement on a date | Formal notice by registered letter with acknowledgment of receipt |
| Usual timeframe | Several days to a few weeks | Several months (including judicial procedure) |
| Intervention of a third party | Not necessary | Conciliation, then referral to the judicial court |
| Court decision | Not required | Mandatory eviction judgment |
| Forced execution | Not applicable | Justice commissioner (formerly bailiff) |
The central point: the host can never force the departure by their own means. Changing locks, cutting off water or electricity, or moving the occupant’s belongings constitutes illegal actions punishable by law, regardless of the legitimacy of the request.
Formal notice and conciliation before the court
The formal notice by registered letter constitutes the first formal step. It must clearly mention the identity of the parties, the address of the accommodation, the free nature of the hosting, and the desired deadline for departure.
Keeping the acknowledgment of receipt is essential: this document proves that the occupant has been duly informed. Without this proof, the judge may consider that the request has not been validly made.
On the other hand, several legal sources highlight a step often overlooked: conciliation or mediation before any referral to the court. This approach has a dual advantage. It demonstrates the good faith of the host before the judge, and it sometimes offers a quicker resolution than contentious proceedings.
Conciliation can take place before a justice conciliator (free of charge) or within the framework of conventional mediation. If the occupant agrees to a settlement during this phase, a conciliation report can be homologated by the judge and become enforceable.
Referral to the judicial court in case of failure
When conciliation fails, the host refers the matter to the judicial court of the location of the accommodation. The request concerns the eviction of the occupant without rights or title. The judge generally sets a deadline for departure.
If the occupant does not comply with the judgment, the host must call upon a justice commissioner to serve the decision, and then, as a last resort, request the assistance of law enforcement.
- The winter truce (from November 1 to March 31) may apply even to a person hosted for free if the judge has not expressly excluded it in their decision.
- The timeframe between the referral to the court and the actual execution of the eviction often extends over several months, sometimes longer depending on the court’s backlog.
- Assistance from a lawyer is not mandatory before the judicial court for this type of request, but it is highly recommended to structure the case.
Reporting obligations after the departure of the hosted person
Once the occupant has left, the host must regularize their situation on several fronts. This is an angle that articles focused on the eviction procedure rarely address.
Home insurance must be updated. As long as the hosted person is listed in the risk declaration, the insurer considers that they occupy the accommodation. A modification of the contract avoids any disputes in case of subsequent claims.
On the tax side, the tax declaration must reflect the actual composition of the household. If the hosted person was declared as occupying the accommodation, the housing tax and income declaration may be affected. The host must report the change in situation for the relevant year.
The CAF represents another point of attention. When the hosted person was receiving aid calculated based on their place of residence, their departure potentially alters the rights of the entire household declared at that address.
- Inform the home insurance of the occupant’s departure as soon as possible
- Update the tax declaration (household composition, occupants of the accommodation)
- Report the change to the CAF if aid was provided in connection with this address
- Forward or cancel any postal subscriptions registered in the name of the former hosted person
The management of a free hosting situation that goes wrong relies on a precise sequence: written proof of the initial agreement, formal notice, attempt at conciliation, and then judicial proceedings if necessary. Skipping any step prolongs the next one. The most costly mistake remains illegal eviction, which exposes the host to criminal prosecution even when they are within their rights to reclaim their accommodation.