The Andalusian government has recognised that the illegal occupation of homes is now the highest it has ever been.
Spanish Police and social services have never been so busy in answering desperate calls from home-owners for help as they feel helpless when trying to evict illegal squatters. The law was changed fairly recently but it still takes months and many court visits to get a result.
Many ex-pats returning from the UK after flights resumed a few months ago were greeted with changed locks and sometimes even aggression as they attempted to gain access to their homes. As reported by EWN, Mark Holmes, his wife and new-born baby were stopped from entering their home in Calahonda by Romanian squatters. The police were called and the Romanian ‘tenant’ produced a contract apparently giving him a right to be there.
This was eventually proven false and before it all went to court the squatters left, after offering Mark a deal where he would pay a €1,000 euros for the squatters to rent another property!
It is recommended to go to the civil court in Spain and file a lawsuit for eviction for precariousness, which will be processed through a verbal trial so that the time limits for eviction are shorter. Although the concept of precarious eviction was only used in situations where the landlord consented to occupy their home without charging rent until they allowed it, the fact is that it has evolved to the point of responding to the problem of the current squatters, thanks to the Supreme Court’s rulings.
A ruling by the Supreme Court on February 29th 2000 establishes that it is possible to exercise eviction for precariousness against any person who enjoys or has the property in precariousness, whether rustic or urban, without paying dues.