There are more and more squats and cases of evictions for lease that occur in Spain. Certainly, both are quite delicate situations in which an owner can have a very difficult time. For this reason, in today’s article we are going to tell you how you should proceed in one circumstance or another. Join us!
What is an eviction?
A eviction It is an act by which the tenant is evicted from a property for a series of causes that are contemplated in the law or in the lease.
When is it possible to resort to an eviction?
It should be noted that for an eviction to take place, a series of circumstances must be present:
- That the tenant does not pay the rent.
- The lease term has expired.
- That the conditions stipulated in the contract are breached.
- Cause damage to the property.
- That the property in question is used for uses not stipulated in the established contract.
eviction classes
It should be noted that there are several types of evictions and that each one has its particularities. So that you can take note, we detail some of the most important ones below:
- Eviction for non-payment. Occurs when the tenant does not comply with the rent payments.
- Express eviction. It is used especially when there has been an illegal occupation. That is, when someone settles in a property and remains there without consent.
- Eviction for precarious. It originates when someone authorizes another person without a contract to reside in their home on a timely basis, but when the time comes, they refuse to leave when the permit is withdrawn.
- Eviction due to termination of contract. It is enabled for the landlord to recover the leased property because the term agreed by the parties has ended or ended.
Regarding the squats
There is no doubt that in recent years, Spain has become a paradise for squatters. That’s right, the squatting phenomenon has gained special relevance, becoming a real scourge.
In addition, given the legal vacuum that protects the squatting movement and that allows the mafias to act, it is extremely difficult to eradicate the spread of this increasingly deep-rooted and widespread problem.
On the other hand, we must not lose sight of the fact that most of the time the squats are not produced by people in a precarious economic situation or by young criminals looking for a place to spend the night, nor are they impoverished tenants. The problem has much deeper roots.
It is not surprising that people affected by the illegal occupation of their property feel the irrepressible desire to enter and urge the occupants to vacate immediately, since they see how the fruit of many years of effort is at the mercy of unwanted tenants.
However, they must know how to contain themselves because otherwise they would be committing a crime of trespassing, leaving them completely exposed to the penalties that come with it. Likewise, changing the lock on the house could also constitute a crime of coercion, as well as refusing to continue paying the electricity or water bill.
In this way, we observe that both to execute an eviction and to vacate a home, there is no other choice than to request the presence of the judicial authorities, since they must be the ones who expel the non-legitimate occupant of any home. Both problems require immediate attention from the legal framework.
That is why, from here we recommend that you request the advice of an expert team of professionals like the ones you will find in JR Lawyers, a safe and reliable platform directed by the prestigious lawyer Mr. José Ramón Felipe Condés, and made up of authentic specialists in evictions due to non-payment of rent and eviction of squatters who have extensive experience in the sector.