The New Fast Track Eviction Procedure Against Squatting: How Does It Work?
19.12.2024The procedures for evicting squatters have been significantly accelerated thanks to new legislation that allows for rapid trials against squatters. Until recently, the so-called desahucio exprés was not known as a rapid process. However, with the approval of the Organic Law on Measures for Efficiency in Public Justice on 19 December 2024, this will change. The deadlines will be significantly reduced for cases of trespassing and possession without permission (usurpation), but not for situations of tenants who deliberately do not pay (inquiokupatie).
Where is the Rapid Eviction Procedure regulated?
The rapid eviction of illegal occupants is laid down in the Spanish Ley de Enjuiciamiento Civil (LEC). Article 250.1.4º, second paragraph, states:
"A natural person who is the owner or otherwise legitimate holder of a dwelling, non-profit organisations with the right to possession, and public bodies that manage social housing may demand immediate return of all or part of the dwelling, provided that they have been deprived of it without their consent."
The regulation is further elaborated in Articles 437.3a, 441.1a and 444.1a of the same law. This procedure was introduced by Law 5/2018 of 11 June, which amended Law 1/2000 to tackle illegal occupation of housing.
How does the Rapid Eviction Procedure work?
The procedure has several steps:
1. Filing the Summons
The owner files the summons with the Court of First Instance in the area where the dwelling is located. If there is no court in the place in question, the court in the corresponding judicial district is involved.
Since the identity of squatters is often unknown, the summons is directed against "unknown residents". Lawyers and bailiffs are required, as well as documents proving ownership or legitimate possession of the home.
2. Admittance of the Summons
About one month after submission, the court declares the summons admissible. If the owner demands immediate return of the home, the residents are requested to show a document proving their right to reside within five days. If they do not do so, the judge orders the eviction of the residents and the home is returned to the owner.
3. Notification to the Squatters
The next step is to officially notify the squatters. To speed up this process, the bailiff can carry out this notification immediately.
Squatters can submit a document justifying their stay. If they do so, a hearing follows in which the judge decides who is in the right: the owner or the squatters.
4. Eviction
If the squatters do not submit a valid document within five days, the court will issue an eviction order and set a date for the eviction. This order cannot be contested.
On the day of the eviction, court officials and the bailiff will carry out the eviction. A report will be drawn up on the condition of the home and the events during the procedure.
The New Fast Track Procedures
The new legislation makes it possible to deal with cases of trespassing and unlawful occupation through an accelerated criminal procedure. These so-called juicios rápidos can be completed within 15 days.
By amending article 795 of the Spanish Ley de Enjuiciamiento Criminal, these cases are added to the list of less serious crimes that can be dealt with through a fast track procedure, such as petty theft and burglary.
Please note that cases of inquiocupation are not covered by the new regulations. This involves tenants who deliberately make only a minimal down payment and then refuse to pay, taking advantage of the slowness of the judiciary.
How Long Does It Take to Evict Squatters Now?
With the new legislation, an eviction process can be completed within 15 days. Previously, this took an average of two years, according to figures from the Spanish General Council of the Judiciary (CGPJ). In some regions, such as Murcia, Castilla y León and the Canary Islands, the procedures could even take longer than 24 months.
What Happens After 48 Hours?
There is a misconception that squatters CANNOT be evicted if they stay in a home for more than 48 hours. This is not entirely true. There is no specific regulation that sets a period of 48 hours.
However, the 48-hour limit is an indication to consider an offence as "caught in the act". After that period, a court order is required, due to the constitutional right to inviolability of the home. Squatters often report to the police once this period has expired to confirm their presence and strengthen their position.
Experts, such as José Ramón Zurdo, a lawyer specialising in tenancy law, argue that the new legislation should clearly define what constitutes "caught in the act". A period of 48 hours would allow the police to act more quickly without a court order.
With this new legislation, Spain is taking an important step towards a more efficient approach to illegal occupation, although further refinement of the rules remains necessary.