Do I keep right to stay in French property for free if owner dies?

Reader Question: I am living for free with a friend of mine in France, and do not pay any of the mortgage on the property. They are old and have recently been sick. Do I have a usufruit (lifetime use rights) for the property if they die? I do not know who will inherit it after they die.

If a person is living with somebody for free, it is classed as hébergement à titre gratuit. 

In this situation, the person living for free is not expected to pay any rent, but may pay their share of the utilities.

Read more: Rules to know if someone lives with you for free in France

In the unfortunate case of the titular owner or renter dying, the person living hébergement à titre gratuit does not retain legally-binding usage rights, as a spouse or civil partner living rent-free might.

The subsequent owner of the property – the heir of the former owner – can do as they wish, which can include giving you a reasonable notice to leave (several months, for example, to allow you to make alternative arrangements).

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Note that the trêve hivernale (winter truce), which prevents paying tenants from being evicted during the cold winter months, does not apply to people living for free. 

This is also the case if the owner of the property wishes to move – they can ask you to leave amicably, and if not can provide an eviction notice. 

In cases of disagreement, contacting a conciliateur de justice to provide mediation may help.