Although “squatting” as such does not exist in Monaco, evicting tenants or occupants is sometimes necessary, and the process can be long and complex for landlords. Maeva Zampori, partner at 99 Avocats Associés and a specialist in civil and real estate law, explains the procedure.
One might assume that squatting is extremely rare, if not nonexistent, in Monaco. Are there nonetheless situations that require the eviction of a tenant or occupant? Which scenarios do you encounter at your firm?
“Squatting,” as commonly understood, refers to cases in which individuals illegally take possession of a property without the owner’s knowledge, intending to remain without paying rent. Such cases are exceptionally rare—if not entirely absent—in the Principality. More commonly, we encounter situations in which individuals enter the premises legally but remain there while failing to pay rent. These situations also occur in France.
In Monaco, they may stem from family disputes (for example, a relative occupying a parent’s property and refusing to leave) or from tenants who are no longer able to meet their rent obligations yet do not vacate the apartment—sometimes due to circumstances beyond their control, such as frozen bank accounts for compliance reasons. When such cases involve high-end properties, the financial harm to the owner is significant. These situations often compel landlords to take legal action to recover unpaid rent and obtain an eviction order.
How does the eviction process work in Monaco? Is it as lengthy and complicated for landlords as it is in France? Does Monegasque law offer tenants similar protections?
The Monegasque system is, in my view, balanced between the protection of landlords’ rights and those of tenants. As in France, property rights are inviolable. However, Monaco has no winter eviction moratorium, meaning evictions can be enforced year-round. That said, the procedure is strictly regulated. Lease agreements define the term and rental amount and, in most cases, include a forfeiture clause providing for termination when one party breaches its obligations—most notably when the tenant stops paying rent.
When this occurs, the landlord must first send the tenant a formal notice to remedy the default, either by registered letter or through a formal demand for payment. If the tenant fails to comply within the prescribed period, the landlord may then petition the judge for interim relief. Since February 2022, the process has evolved: previously, landlords had to bring two separate actions—one before the Court of First Instance to recover unpaid rent and another before the judge for interim relief to obtain the eviction. Today, the judge for interim relief has jurisdiction to issue both the eviction order and the judgment for rent arrears, which shortens the process.
On average, how long does the legal procedure take?
Between three months and one year. At the end of the proceedings, the landlord obtains an immediately enforceable order sur minute. In theory, this allows for immediate enforcement. If, however, the tenant still refuses to vacate despite the court order, the bailiff must request the assistance of the police by applying to the Minister of State. Unfortunately, we have observed that obtaining this authorization for the use of force is increasingly time-consuming—almost as long as the judicial proceedings themselves.
And what about properties within the protected sector?
The protected sector provides slightly more tenant-friendly rules. For example, landlords must grant tenants an additional two-month period to regularize unpaid rent before initiating legal action. Beyond this, the underlying procedure remains the same.
Acquisitive prescription allows a person to become the legal owner of a property after occupying it peacefully for thirty years. Under what circumstances can this apply in Monaco?
The rules governing acquisitive prescription are identical to those in France. To claim ownership, the occupant must demonstrate possession that is continuous, peaceful, public, unequivocal, and uninterrupted for thirty years. The possessor must behave as the true owner and believe themselves to be so.
I recently handled a notable case: the owner of an apartment had used a parking space in the building for thirty years, originally provided by the property developer. She paid condominium fees on it for over three decades, and everyone—including the property manager—considered her to be the owner. We demonstrated that her possession met all legal criteria for acquisitive prescription, even though no title had ever formally recorded her ownership.
