[skitout]

I am volunteering in an housing rights organization in France, and I am and have been tenant in a city with high price and housing shortage.

There will always be many people taking "illegal deal" as sometime you have no other other solution, or other solution are even worse. And many many landlords are doing illegal things, including public housing.

Tenant don't have the same bargaining power / freedom / agency than landlord. Fighting illegal stuff that do landlord is long (usually longer than kicking out a squatter) and difficult. And you have little incentive to do it as a tenant : being in a fight with your landlord = being sure to have problem down the line

My feeling is that your comment ignores this asymmetry.

[giantg2]

"My feeling is that your comment ignores this asymmetry."

These are enforcement problems, not squatter problems. As you've said, the things the landlords are doing are already illegal. In the US we have Attorney General offices that will handle housing cases on behalf of tenants.

Both parties can benefit from better enforcement and written and recorded leases. Penalties for landlords leasing without recorded agreements may be more easily enforced that under the current system.

[skitout]

This asymmetry makes enforcement easier when it profits the landlord, and make enforcement more difficult when it benefits the tenant... Your reflection seems based on the idea that there is a symmetry on the enforcement