In recent years, the biggest concern of any homeowner is having their home squatted. And in 2023 alone, a total of 15,289 cases of burglary or usurpation of property were recorded, as indicated in the Crime Statistical Portal of the Ministry of the Interior.
The appearance of new cases has generated more and more doubts about squatting. There are many people who don’t even know how they should act in case they enter your house illegally.
If you ever find yourself involved in a situation of this type, you should know that housing law includes a series of measures to solve this problem as soon as possible.
What should you do if your house has been squatted?
On the one hand, the first thing to be clear about is that the term “squatter” is not included as such in the Penal Code. Therefore, to take legal action you must talk about usurpation or trespass.
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He breaking and entering refers to the entry or stay in a home without the authorization of the resident. A person who, even though the property is inhabited by its owner, tries to convert it into his or her own home without permission.
On the other hand, you have to know that the eviction procedure It can be followed in two ways: penal either civil. If done within stipulated deadlinessquatters can be evicted without the need for a court order.
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The criminal procedure must be initiated by filing a complaint before the Police.
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If it can be demonstrated that the people who have squatted the property have less than 48 hours at homethe Police can evict without court order. The 48-hour period does not expressly appear in any legislation, but it is usually the time recommended in internal police action protocols to consider it as a flagrant crime and avoid breaking and entering.
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If the first 48 hours have already passed From the illegal squatting, the complaint will be processed in the corresponding court for the commission of a crime of usurpation if the address did not constitute a habitual residence or for a crime of breaking and entering if it was a habitual residence. It is important to bring to the Police evidence that proves that the property is your property (supply receipts, deeds, registration…). This criminal procedure can last between a year and a year and a half..
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The procedure It should not necessarily be promoted by the owner of the property.
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It must be the owner of the squatted home who initiates the procedure directly in courtdirecting the lawsuit against all people who are illegitimately in the home.
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The Civil Procedure Law has different tools. One of them is the so-called ‘express eviction’a special verbal procedure that allows the person who has the right to a property to claim its eviction and return from squatters.
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Can urge in a precautionary manner the eviction of the home before the sentence is handed down.
The advice of the National Police to act in a case of squatting
The National Police has prepared a document in which it explains how a citizen should act in the event that their home has been squatted.
First of all, it informs that the armed institute must be notified through the phone number 091. Afterwards, he advises writing down the personal information of the witnesses who witnessed the squat.
also asks “Do not cut off the electricity, water and gas supplies or prevent squatters from entering the home”. «Such conduct on the part of an owner could constitute a crime», warns the Police.
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