HOW TO LEGALLY EVICT SQUATTERS

How to Legally Evict Squatters

First of all, it must be borne in mind that the legal way to achieve eviction will depend on how the squatter gained access to the property, that is, whether they initially entered with the owner’s consent or whether they entered illegally using force, violence or intimidation. In the first case, an eviction for precarious occupation must be initiated; in the second, criminal proceedings must be brought for the commission of an offence.

If someone has entered a property, the legal route must be used to remove them, generally by using one of the two avenues mentioned. Otherwise, reprisals could be suffered, as explained below.

Fortunately, recent changes in the regulations have streamlined this procedure. Eviction for precarious occupation, also known as express eviction of squatters, is faster than ever. This makes it possible to explain how to initiate it.

The legal consequences of eviction for the occupant of the property are also addressed. In particular, the focus is on the possibility of claiming compensation or reporting the offence of usurpation in cases of illegal entry.

Eviction for Precarious Occupation

A person is in a situation of precarious occupation when they hold a property without being its owner. This situation may arise either because the holder has allowed it or because of illegal entry.

For example, if friends are allowed to spend the summer in a country house, they will be in a situation of precarious occupation, as they will not have any legitimate title (such as a rental contract) to remain in the house. This does not mean that they are using the house illegally, since they have consent, but it does mean that their eviction can be sought through civil proceedings by filing a claim for eviction for precarious occupation.

Likewise, if someone enters a property without permission and remains there, they will be in a situation of precarious occupation. However, in this case the property is being used illegally and has been accessed without consent, which constitutes a criminal offence and can be prosecuted through criminal proceedings.

Eviction for precarious occupation, therefore, is the legal action aimed at ensuring that people who remain in a dwelling without the owner’s permission are evicted. This is without prejudice to the fact that, in cases of illegal entry, criminal proceedings may also be brought, as indicated above.

The particular feature of eviction for precarious occupation is that the occupant of the property, having no title authorising them to be there, will find it very difficult to defend their position.

The first point to note when analysing eviction for precarious occupation is that it can be initiated not only by the owner of the dwelling, but also by any other person with a legitimate right to