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They have illegally occupied my property

Jul 24, 2020 | Last news

Nearly 100,000 homes have been illegally occupied in Spain. Next, we analyze what are the specific tools that the owner has to avoid the ‘squats’ and how to get rid of them as soon as possible.Specifically, the Express Eviction Law is a modification of the Civil Procedure Law that seeks to allow individuals to recover their home immediately when they have been deprived of it without their consent. In addition to natural persons, it also recognizes this right to non-profit entities and public entities that are owners or legitimate holders of social housing. These owners may file a lawsuit against people who have illegally occupied the property of their property (unknown occupants) when the names are unknown, and who do not have sufficient title to live in it. The latter implies any contract that authorizes a person other than the owner to live in a house, for example, a lease or transfer of the property.

How should I act?

Before filing the lawsuit, it must be borne in mind that it must request the immediate recovery of full possession of the occupied property, since otherwise the terms for executing the eviction would be much longer.

Once the demand is admitted for processing, the squatters will be notified. Specifically, the demand is notified to anyone who is in the house and they will have five days to present the necessary documentation to prove that they are residing in the house on a regular basis. If the ‘squatters’ present a valid title, there would not be an immediate eviction, but rather they would have to wait for a trial, where the parties will present their versions and they will decide on the validity and continuation of the contract signed between the parties.

How long does it take to evict squatters from my property?

If the squatters do not respond to the demand or if the documentation provided is not valid, the judge will issue an order to order the eviction of the house. This car does not admit an appeal and will take effect against any of the occupants who are at the time in the home. Finally, the eviction of the house occurs on the date stipulated in the car. It is usually performed almost immediately, since the usual 20-day period does not need to elapse in other procedures.

Despite the fact that in these cases a housing alternative is not offered to the occupants, if they consent, their situation is notified to the social services, so that within seven days they can adopt the protection measures that may be appropriate.

The cost of kicking out the ‘squatters’

Despite the fact that the modification of the regulations makes it possible to streamline the procedures in favor of the owners, the latter will also have to bear the costs of the process. Specifically, to kick the “squats” out of a home, the owner must hire at least a lawyer and a solicitor and bear their fees. Both must sign the filed complaint to be admitted for processing.

To these costs, it will be necessary to add the taxes to carry out this procedure along with the possible expenses when recovering the house, either a locksmith to change the lock of the house or any other professional that will be necessary if the house has suffered damages during the occupation illegal.

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