Antonio Flores

THE Senate has approved specific measures against illegal occupiers of private property.

Under the new bill, squatters will be served with an eviction notice and told to either justify ownership of the property through a title deed, or show the lack of one on behalf of the claimant.

If no sufficient justification can be provided, the court will order immediate repossession of the home with no chance of appeals.
What’s of particular interest is a drastic change to previous squatters rights, which allowed them to fight the case in court buying an average of 15 months grace.

Under the new rules a fast-track procedure has been introduced allowing owners to get squatters out in a matter of weeks.

Under the changes it states that the rules prevent the ‘extorsion’ of the owner with the purpose of obtaining financial compensation as a condition for the recovery of the property.

It adds that it is often conducted by ‘very organized mafia-style networks’.
Courts will now serve notice to squatters (identified or not) giving them five days to produce a rental agreement, or any other document enabling them to lawfully stay in the property.

Failing to find this will lead to the court issuing an immediate eviction notice.

 

In addition, under the new law the Courts will have to observe the following:

Squatters will have no rights other than to produce a valid agreement to cover their stay in the property. Opposing any application to have them evicted will not stop the process

Squatters will have no right of appeal and will be immediately evicted
Social services will be on standby in case of eviction of children, elderly or people with special needs
The reform will only affect properties whose owners are ‘private individuals, non-profits and public agencies that own social housing’. It leaves out real estate held by banks and investment funds

The above measures will become applicable 20 days after the publication of the law reform in the Official Gazette at some point this summer.

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2 COMMENTS

  1. in 2019/20 it seems the law in Spain has gone backwards. A woman that has contacted our department has had a tenant squatting beyond her tenancy that required legal intervention to get the female squatter (in essence) out only to turn up to move into her home in Spain to find the previous tenant had handed the key over to some Romanians who simply took over the property and left the owner with nowhere to stay on the street. The Police appeared to be taking sides with the squatters and actually passed over personal information to them (which could have led to deeper problems should she have answered any calls from them according to my information re. Spanish Law).
    Now over 8 months on the Lawyer supposedly taking up the case had it sat on his desk for 8 months and he had previously explained the so called “fast track” might take 18 months from that time 18 months ago?
    Her property has been criminally damaged and there is no come back.
    In the UK and many other parts of the world this Police Officer would have been sacked and the Lawyer finding another career. Disgusting.
    Publicity is likely to occur over this when the full story comes out and there is going to be an outcry and heads will roll if the inquiry goes as is expected.

    Location : UK London
  2. in 2019/20 it seems the law in Spain has gone backwards. A woman that has contacted our department has had a tenant squatting beyond her tenancy that required legal intervention to get the female squatter (in essence) out only to turn up to move into her home in Spain to find the previous tenant had handed the key over to some Romanians who simply took over the property and left the owner with nowhere to stay on the street. The Police appeared to be taking sides with the squatters and actually passed over personal information to them (which could have led to deeper problems should she have answered any calls from them according to my information re. Spanish Law).
    Now over 8 months on the Lawyer supposedly taking up the case had it sat on his desk for 8 months and he had previously explained the so called “fast track” might take 18 months from that time 8 months ago?
    Her property has been criminally damaged and there is no come back.
    In the UK and many other parts of the world this Police Officer would have been sacked and the Lawyer finding another career. Disgusting.
    Publicity is likely to occur over this when the full story comes out and there is going to be an outcry and heads will roll if the inquiry goes as is expected.

    Location : London UK

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