Tenant or Squatter eviction. Disputes between Tenants and Landlords. Rentals. Occupation.

Relationships between tenants and landlords can often lead to complex disputes. Additionally, in cases of squatting (occupation without legal title), the eviction process presents its own set of challenges and complications. At White-Baos Lawyers, we offer comprehensive assistance in all eviction procedures, whether it’s the tenant or squatter eviction. From out-of-court demands to judicial representation.

Eviction Procedures involving Tenants. Key Aspects

Eviction procedures are an essential legal tool for landlords facing disputes with their tenants, whether it’s a commercial lease or a residential rental. Each situation requires a specific strategy. Clearly understanding the rights and obligations of each party (landlords and tenants) is crucial. The main reasons that might lead to an eviction procedure for tenants include:

• Failure to Pay Monthly Rent: This is handled as a verbal trial. Generally, if the tenant pays the debt before the hearing, they can avoid eviction (remedying the eviction). However, there are exceptions. If, in addition to the unpaid rent, there are pending bills for utilities and other charges, these claims can be combined with the eviction request.

• Expiration of the Lease: If the lease contract ends and the tenant continues to occupy the property without a new agreement, the landlord can request his/her eviction.

• Misuse of the Property: The landlord can seek eviction if the tenant uses the property for purposes other than those agreed upon, such as illegal subletting (for instance).

• Landlord’s Need: If the landlord needs the property for their own use or for their family (article 9.3 Urban Lease Act) and this clause was foreseen in the lease, an eviction process can be initiated.

Eviction Procedure Without a Contract. Eviction of Squatters

When a property is occupied without a rental agreement, special attention must be paid to how long the occupants have been in the property. If the squatting is recent (less than a year), the verbal procedure provided in article 250.1.4 LEC, known as “Summary Protection of Possession”, can be used. Conversely, for occupations longer than a year, the procedure under article 250.1.2 LEC, known as “Eviction for Precarious Possession,” must be followed. In both cases, it is essential to act quickly and seek appropriate advice to avoid unnecessary delays.

Special Considerations. Large Property Holders. Vulnerability Situation. Spanish Housing Law 12/2023.

Currently, a certification from the Property Registry must be attached to the court claim, to confirm whether the landlord is a large property holder or not. Additionally, when it is proven through Social Services report that the occupant is in a vulnerable situation, the judge can agree to suspend the procedure for a period of 2-4 months.

Furthermore, landlords labelled as large property holders (more than 5/10 urban properties, depending on the case, or more than 1,500 m² of built surface) must meet additional requirements. They must confirm if the occupant is in a socio-economic vulnerability situation. They are also required to attempt mediation/conciliation with the occupant before going to court, among other things.

Can I cut off utilities as a pressure measure against the occupant? And enter the house and change the lock?

These two actions, which many owners might consider, can lead to serious legal issues. In both cases, these actions could be considered crimes. The first case, it would be a crime of coercion. The second, it could be considered breaking and entering. Both cases are punishable by imprisonment.

Conclusions.

If this is your case, or that of someone you know, or if you are having issues with your rental contract, landlord, or tenant, do not hesitate to contact us. We will be happy to review your tenant or squatter eviction case and assist you.

The information provided in this article is not intended to be legal advice but rather to convey information related to legal issues.