Faced with the illegal occupation of a home, an owner may feel great frustration and helplessness. However, getting carried away with anger and trying to evict the squatters by force could end up making the situation worse. There are significant risks when it comes to vacating a home without going through the courts, especially if the eviction is carried out through coercive methods or under threat.
According to data from the Ministry of the Interior, in 2021 there were 17,274 occupations throughout Spain, which represents an increase of 40% compared to the previous year. However, due to the clandestine nature of this problem, it is almost impossible to accurately determine its scope and magnitude. What is clear is that having a second home or an empty flat entails an extra risk for the owner, since squatters have a predilection for this type of residence. In the same way, people who rent a property to a tenant are also exposed to the fact that at some point they stop paying rent, with the damage that this entails.
It is rare, but sometimes squatters risk invading a house that already has inhabitants. In these cases, the owner must call the police and file a complaint at the police station as soon as he becomes aware of the situation. As it is the search of a habitual residence, the problem is dealt with much more urgently, in almost all cases, the same day. Therefore, it is normal for the owner to recover the home in a few hours. The penal code (202.1.2) establishes a penalty of six months to two years in prison for squatters who commit this crime.
But what happens when the invaded property is an empty flat or an unoccupied dwelling that does not constitute a dwelling? In these cases, it can be more difficult for the owner to find out about the squatting and react before 24-48 hours. After that time, a court order will be necessary to gain access to the property. To get such an order, the landlord will have to file a lawsuit and eventually go to trial. If this extreme is reached, the procedure can last for several months.
So far, all the procedures described to recover a squatted home are within the established legal framework. However, there are not a few who, faced with the risk of their property being seriously damaged, decide to take justice into their own hands and opt for actions outside the established legal and judicial channels. As justification, they argue that the legal route is slow and costly and that, the longer they allow the squatting, the greater advantages the squatters will have.
Consequently, some owners try to get their home back without going through the courts. To do this, they use threats, coercion and even physical violence, or hire the services of an unoccupied company. Although it can be a quick way to solve the problem, these irregular methods carry significant risks for the owner. Thus, whoever is initially the victim of the squatting could end up becoming the person responsible for a crime.
If the squatters take possession of a dwelling and manage to prove that this is their address, that is, they present a rental contract, invoices, etc..., they may remain in it protected by article 18.2 of the Constitution, which establishes that "the address is inviolable” and that “no entry or search may be made in it without the consent of the owner or a judicial resolution.”
Therefore, if the owner forcibly tries to vacate his own house, he runs the risk of incurring a possible crime of breaking and entering. In addition, if those who try to recover the property are armed with objects considered 'dangerous' (bats, iron bars or sharp weapons) they could face sentences of up to three years in prison and fines of up to two years.
Similarly, if to put pressure on the squatters the owner decides to cut off basic supplies (water, electricity, gas, etc.), he risks being charged with the crime of coercion, typified in article 172 of the Penal Code. The same thing would happen if, with the same intentions, he decided to change the lock on the house to prevent the squatters from entering.
And what happens if we decide to hire the services of an unoccupied company? Although these companies are not illegal, the methods they use to vacate a home sometimes border on the legality. In the first instance, they try to negotiate with the squatters by offering them money to leave the property. If this doesn't work, they resort to less friendly tactics that, in some cases, exceed the limits of what is allowed.
In the end, whoever hires these services could end up committing crimes of trespassing or coercion. Not to mention that eviction companies are not particularly cheap either. Thus, the owner runs the risk of ending up paying fines for crimes and, in addition, large bills for a service that did not obtain results.
It is clear that trying to vacate a home without going through the courts entails significant risks for the owner. Although it is not the shortest or easiest path, the judicial route is the one that produces the safest and most lasting results.
