When it comes to real estate law, one of the most common concerns clients bring to our firm is the presence of someone occupying their property. But not every unwanted occupant is legally considered a “squatter.” Understanding the legal distinctions is essential in order to take the correct legal action and protect your property rights.
In this article, we clarify what truly qualifies as a squatter under Spanish law, how to distinguish between a criminal and civil matter, and what legal procedures apply in each case.
Real estate law: What defines a squatter in Spain?
In Spanish real estate law, a “squatter” (or “okupa”) is someone who enters and remains in a property without the owner’s consent. This is not merely someone who fails to pay rent or overstays a lease; it is a person who breaks into a property unlawfully and uses it without any type of agreement or authorization.
Such cases typically fall under criminal law, specifically under the offenses of trespassing (“allanamiento de morada”) or usurpation (“usurpación”).
Real estate law: What is not considered squatting?
There is often confusion between actual squatting and other types of unauthorized occupation. If the individual entered the property with some form of consent, even if informal or now expired, it is not a case of squatting.
Here are a few examples:
- A family member lets someone in without the owner’s permission.
- A former tenant remains in the property after the lease ends.
- The occupant initially had a valid contract but has stopped paying.
In these situations, the matter is not criminal but civil, and must be addressed through eviction or contractual resolution proceedings, not through criminal courts.
Real estate law: Civil vs. criminal legal action
Determining whether the situation is a criminal offense or a civil dispute is crucial. Filing a criminal complaint for a situation that only qualifies for civil action will not only delay the process but may also harm your legal position.
Civil remedies include:
- Eviction proceedings (“desahucio”)
- Claims for unpaid rent
- Termination of tenancy
Criminal proceedings apply only when:
- The occupant entered without any consent
- There was forced entry or breaking and entering
A precise legal diagnosis is essential to choosing the right procedure.
Real estate law: How to proceed in each case
If you suspect someone is occupying your property without consent, do not act on assumptions. Contacting a real estate law professional can help assess the facts and determine the proper legal response.
Steps to follow:
- Confirm how the person entered the property.
- Gather any documentation (contracts, messages, witnesses).
- Consult a lawyer experienced in both criminal and civil property law.
- Initiate the correct legal proceedings as advised.
Misclassifying the situation can lead to wasted time and legal expenses.
Real estate law: How Toscanolex can help you
At Toscanolex, we specialize in real estate law in Andalusia and have extensive experience handling both civil and criminal property matters. Whether you are facing a true squatter or dealing with a problematic tenant, we can help you evaluate the situation and act quickly.
When occupation is a family dispute
In some cases, occupation may involve family members or ex-partners who were once allowed to stay. While these situations can be emotionally difficult, they are not considered criminal in nature and must be resolved through civil legal channels.
When the rental contract has expired
If a tenant remains in the property after the lease term and refuses to leave, you cannot file a criminal complaint. Instead, the appropriate legal step is a civil eviction. Attempting to remove the person by force or using criminal accusations could result in legal repercussions against the owner.
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