Guest refuses to leave your rental? France's new law gets them out in 48 hours
As of August 20, 2026, you no longer have to wait months in court to reclaim a short-term rental that is being illegally occupied. France's RIPOST Act of August 18, 2026 opens a direct administrative route: file a request with the prefect (the state's local representative), who has 48 hours to issue a ruling. But the procedure requires a watertight file, assembled in the right order — and a partial ruling by the Constitutional Council on August 14, 2026 has changed some of the rules. Here is what this means in practice for hosts and property managers, and how to act without losing time.
1. What has changed: a long-standing blind spot finally addressed
Until August 19, 2026, the situation was a legal dead end. A guest who had entered a property through Airbnb or Booking in full compliance with the law, but then refused to leave at the end of their stay, could not be removed through the administrative route. Both case law and administrative practice refused to apply Article 38 of the DALO Act (loi instituant le Droit Au Logement Opposable — the Act establishing an enforceable right to housing, of March 5, 2007) to this specific situation, on the grounds that the initial entry had not been unlawful. The result: hosts were referred to the standard judicial process, which takes an average of 12 to 18 months, including the winter eviction moratorium (trêve hivernale — a legal period during which evictions are suspended in France, typically from November to March).
Article 14 of the RIPOST Act (no. 2026-798 of August 18, 2026) directly corrects this gap. The technical amendment appears minor, but it changes everything: the original wording of Article 38 required that the occupant had entered the property unlawfully and was remaining unlawfully — two cumulative conditions. The RIPOST Act replaces this "and" with an "or": the mere fact of remaining in a short-term rental after the contract has expired is now sufficient to trigger the prefectoral procedure, regardless of whether the initial entry was perfectly lawful.
2. The step-by-step procedure: what you must do, and in what order
The procedure moves quickly if your file is complete. It is doomed to fail if you skip steps or attempt to act on your own. Here is the sequence you must follow carefully.
File a criminal complaint with the local police or gendarmerie (national police force covering rural areas). This step is mandatory: it formally establishes the existence of an unlawful occupation. Without a prior complaint on record, the prefect cannot be approached.
Have the ongoing occupation formally recorded by a commissaire de justice (the French equivalent of a process server and bailiff, formerly known as a huissier de justice). This document is the centrepiece of your file. The commissaire de justice draws up an official report recording the material facts: the booking contract, the contractual departure date and time, proof of payment for the stay, the absence of any extension agreement, and the physical presence of the occupant or their belongings after the agreed check-out time. Plan ahead: identify a local commissaire de justice who can intervene within 48 hours.
Submit your request to the prefect of the department (administrative district) where the property is located — or to the préfecture de police if you are in Paris. Attach the following: proof of ownership, the booking contract, the complaint receipt, the commissaire de justice's official report, and all communications with the platform or the guest.
The prefect has 48 hours to issue a ruling upon receipt of the complete file. The prefect also reviews the occupant's personal and family circumstances. If a formal notice to vacate is granted, the occupant then has 24 hours to leave voluntarily.
If the occupant remains after those 24 hours, law enforcement can proceed with a forcible removal. If the prefect refuses your request, that refusal must be provided in writing with stated reasons.
One word swapped in a piece of legislation — "and" replaced by "or" — is what ends two years of court proceedings to reclaim a short-term rental.
The key amendment introduced by the RIPOST Act
3. Building your file in advance: prepare before you need it
The strength of your prefectoral file depends entirely on the documents you have retained before any problem arises. If you wait until the situation occurs to gather these elements, you will lose valuable time. Here is what you should have readily available for every booking:
Essential documents: your proof of ownership, the booking contract or confirmation (with precise arrival and departure dates and times), all communications with the guest via the platform, proof of payment for the stay, and time-stamped photos taken during the check-in inspection. Anywhere's Online Check-in feature partly addresses this need by automatically collecting guest identity data at the time of booking, which can be a useful component of your file.
An implementing decree (décret d'application) is still required to define the standardised format for the prefectoral filing. In the meantime, do not take any risks: submit every available supporting document. An incomplete file results in a refusal or delays the process. The occupant may also apply to the administrative court (tribunal administratif) for an emergency suspension (référé-suspension) of the prefect's decision. This application does not automatically halt the eviction, but it can lead to its cancellation if the procedure is found to be irregular.
4. What the Constitutional Council struck down: limits you need to know
In its decision no. 2026-915 DC of August 14, 2026, the Constitutional Council (France's highest constitutional authority) issued a nuanced ruling. The good news: the administrative eviction procedure is fully validated and has been in force since August 20, 2026. The bad news: the criminal provisions originally included in the Act were struck down.
Specifically, paragraph II of Article 14 of the RIPOST Act sought to make the mere act of remaining in a short-term rental after the contract had expired a standalone criminal offence, carrying penalties of up to €45,000 in fines and 3 years' imprisonment. The Constitutional Council struck down this provision: the same conduct was being prosecuted under two separate offences carrying different penalties, which breached the principle of equality before criminal law. What this means for you: you cannot automatically treat every overstay as a criminal offence. The administrative route remains your primary tool.
What this means for property managers
Identify a commissaire de justice in advance
For every property you manage, keep the contact details of a local commissaire de justice who can be reached quickly. This is the linchpin of the entire procedure. A property manager who anticipates this point delivers real added value to their clients.
Create a protocol for handling refusal-to-vacate situations
The RIPOST Act does not remove the need for a clear internal process. Define in writing the escalation chain: who contacts the commissaire de justice, who files the complaint, who submits the prefectoral request. In a crisis, speed of execution depends entirely on prior organisation.
Never attempt a physical eviction yourself
Changing the locks, cutting off access, entering an occupied property: these acts constitute illegal self-help (voies de fait) and can expose you to criminal liability. The procedure must be carried out exclusively by the competent authorities. Your role is to build the file and engage the right parties.
Inform your property owners about this protection
Many landlords are still unaware that this mechanism exists. Communicating it clearly to your clients strengthens your position as an expert service provider and reinforces your value proposition over self-management.
What this means for property owners
Systematically retain every booking document
For every stay, archive the booking contract with precise dates, all communications with the guest, proof of payment, and time-stamped photos from the check-in inspection. These documents are indispensable if you need to approach the prefect under time pressure.
Confirm that your property qualifies as a "meublé de tourisme" under French law
The RIPOST procedure applies to short-term furnished rentals (meublés de tourisme) as defined under Article L. 324-1-1 of the French Tourism Code (Code du tourisme). If your property has not been declared or does not meet this legal definition, your prefectoral file will be on shaky ground. Check your situation with your local town hall (mairie).
This procedure does not cover standard residential tenancies
If your tenant stops paying rent or refuses to vacate under a lease governed by the Act of July 6, 1989 (France's main residential tenancy legislation), the RIPOST procedure does not apply. The standard judicial process remains the only option. Do not confuse the two: the prefect would reject your request outright.
Mistakes to avoid at all costs
Here are the most common errors that cause the procedure to fail or expose you to additional legal risk:
Acting before the contractual departure date. The procedure can only be initiated after the contract has expired. Any step taken before that point is inadmissible and may be used against you.
Attempting a physical eviction. Changing the locks, cutting off water or electricity, or forcing entry are all forms of illegal self-help and are criminally punishable. Let the authorities act.
Treating an overstay as an automatic criminal offence. Following the Constitutional Council's ruling, a simple overstay is no longer automatically a criminal offence. Keep to the facts and rely on the administrative route.
Submitting an incomplete file. The prefect has 48 hours to rule, but that clock only starts upon receipt of a complete file. A file with gaps slows everything down and can result in a reasoned refusal.
Summary: the key takeaways
The prefectoral eviction procedure for short-term rentals is live. No further waiting period applies.
Once the complete file has been submitted, the prefect rules within 48 hours. The occupant then has 24 hours to leave voluntarily before law enforcement can intervene.
Proof of ownership, booking contract with precise dates, complaint receipt, and the commissaire de justice's official report. Without any one of these, the procedure is blocked.
The Constitutional Council (decision no. 2026-915 DC of August 14, 2026) removed the new specific criminal penalties but confirmed the administrative eviction procedure. This is your primary tool.
You cannot remove an occupant yourself or change the locks. The procedure must go through the prefect and then law enforcement. Any direct action exposes you to criminal liability.
· Act no. 2026-798 of August 18, 2026 (RIPOST Act), Article 14, amending Article 38 of Act no. 2007-290 of March 5, 2007 (DALO — the Act establishing an enforceable right to housing) — legifrance.gouv.fr
· Constitutional Council, decision no. 2026-915 DC of August 14, 2026 — conseil-constitutionnel.fr
· Maître Reda Kohen, "Meublé de tourisme et refus de quitter les lieux : l'extension de l'article