NEWS

An outline and update on the Law of Squatters (“Express eviction”). In force since 2.7.2018

20Jul

The creation of the new Squatter law leads to the modification of the Lawsuit Law. This form will be available for private homes, non-profitable entities and belonging to public departments. In this way, the new rule will continue to not affect the homes owned by banks or investment funds of use. 

The new modification of the law will also not include precise measures to deal with the cases in which are to be found people in a particularly vunerable situation. (Within this Group are included the people who receive the Minimum Income or those who cannot have access to this type of benefit, youngsters over 18 years and under 30 who come from some type of juvenile institution, drug addicts, inmates from prisons or familias that, in accordance to that established by the social workers, come under this status. At the same time are also included those coming from preventive accommodation or prevention services or social insertion)

The new squatter law considers the launching of eviction and immediate recuperation of full possession of the occupied home by the owner or usufructuary (individual people or public departments). This modification of the Lawsuit Law "concerning the illegal occupation of properties" plans that the eviction takes place in less than 20 days establishing a speeding up of the proceedure instead of the two years up to now. This means a speeding up of the process and guarantees the hand over to the owner of the property that has been occupied once this has been requested and has presented the ownership that proves his right to take possession of the property or part of same. The sentences will arrive sooner. The authorities will require that those occupying the property prove their ownership of same. In the case of this documentation not being supplied, the court will order through an edict the “immediate hand over of the possession of the property". The novelty in this point is that it will not be necessary the period of 20 days, which as been compulsory up to now for the execution

The proceedure of action before the Courts will be in the following manner: With the new law, the process of eviction will start when the owner of the occupied home informs the judge of the situation. If the presumed squatter cannot justify his presence in the home, the period of 20 days is started for the judge to establish the eviction. At the same time, the judge will have to make sure that the squatter is not vunnerable. If he is, the judge will request from the Administration alternative accommodation in a period of seven days.

Before this, "exclusively” the squatter may base his opposition to the demand in “the existence of sufficient proof of ownership to occupy the home or the lack of ownership proof” by the plaintiff.

In the case of not providing “sufficient proof, the court will immediately order through edict the hand over of the possession of the home". Against this edict, the law states, "no appeal is possible and will take effect against any of the occupants who are to be found in the home at that time".

At the same time, sentence will also be pronounced “as immediate” in the case of the respondent not answering the summons in the period foreseen of five days. The law additionally, allows the possibility of the execution, if so is requested by the plaintiff, without the necessity of the 20 days period as stated in the Lawsuit Law.

As can be seen, new changes in the regulations are coming into force that should be immediately dealt with in order to not cause us any problems. In Bufete Frau it is our pleasure to offer you our best legal advice in this matter although we have to wait the publication of the Regulation that this Law develops.

 

 

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