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What to do if you start your vacation and find your property occupied by squatters?
Normally it would not be expected that vacationers arrive at their holiday destination to find squatters in their holiday residence. The crime of occupying someone else’s home is called usurpation in the Spanish Penal Code and is punishable under Article 245.2 of the Criminal Code:
“He who holds, without proper authorisation, a building, house or dwelling outside that they have no rights, or continue to occupy them against the will of its holder shall be punished with a fine of three to six months.”
If you encounter this unfortunate situation you can call the police or your lawyer to go to the duty court. The police cannot evict the occupants, unless they come across them in the act of breaking in. This is the main reason why we advise to you to call your lawyer instead, as his actions can be faster and more effective than the police action. Paradoxically, denouncing the squatters to the police, can delay the process so it is advisable to go directly to court and report the crime of usurpation of property there.
Your attorney will prepare the petition and request the injunction to be launched. For that purpose, you will have to demonstrate the damages caused to you in finding it difficult to remove the illegal “squatters” of the property. The judge will summon the complainant and the occupants to appear in court. If the squatters do not appear and the owner proves the serious inconvenience also known as damages caused to them (such as loss of his/her holiday) the judge may issue the interim release, so that the nightmare will be over for the owner.
With respect to compensation for any damages to the property it is often very difficult to recoup these costs, since squatters are often insolvent people. However, during the court proceedings the judge opens a separate liability case, in which the assets of the accused will be searched and if material damage is found, they can be seized and auctioned to compensate the owner for damage caused.
The law firm that backs CAB Spain has been successfully managing cases of illegal occupation, after previously negotiating with the squatters. They have been successful and obtaining the evacuation of the building in just 76 hours.
If you happen to find yourself in this unfortunate situation, please do not hesitate to contact Myra at CAB Spain, for further information or clarification by email. myra@citizensadvice.org.es
Update 9.5.2018. On the 24th of April it was reported that Congress approved an amendment to the law that would enable evacuation of squatters from private property within 20 days, through a ´fast track´ court procedure. The amendment was met with much resistance and will be appealed by those parties that have voted against, due to the fact that no provisions have been made to protect those vulnerable to social exclusion, who occupy the property out of necessity, rather than as a form of organised crime, as it appears to be in several large Spanish city. To date, the amendment has not been published in the State Bulletin. We recommend sticking to the advice as posted in this article, seek legal counsel before doing anything else.
Update:
