This week, we want to share with our readers yet another court success from our law firm. The procedure in question revolves around the eviction of an irregularly occupied property in Ibiza. Below, we analyse the key aspects of this case and the eviction of a squatter in Spain. You can read the complete judgement by clicking “HERE”
Occupation and Different Legal Paths.
When a property is occupied, the legal actions to take depend on the time elapsed and the nature of the occupation. It is different for a tenant who stops paying rent and refuses to leave; than for a stranger who occupies a property without authorization and against the will of the owners. The duration of the occupation is also a determining factor. In this case, the property was occupied without authorization for over a year, meaning the legal procedure to follow was a “Desahucio por precario” (eviction due to precarious occupation).
The Specific Case. Occupation Without Knowledge or Authorization of the Owners.
The situation began with the death of the legitimate owner of the property, a British citizen residing in Ibiza. After her passing, the executors named in her will, took on the responsibility of managing her estate, while the heirs began a complex and tangled inheritance process in the United Kingdom.
It was then that a third party unlawfully obtained the keys to the property and rented it out to another person, seemingly posing as a representative of the family and collecting rent. Upon learning of this situation, one of the executors contacted our firm to initiate the eviction process of the squatter.
Vulnerability and Large Landlord Status. Requirements of the Housing Law.
As explained previously, Law 12/2023 on Housing introduced significant changes to eviction procedures. It is now necessary to check whether the occupants are in a vulnerable situation. Additionally, if the property owner is a large landlord (owning more than 5 or 10 properties), the process is slower. In this case, our client was not a large landlord, and the occupants were not in a vulnerable situation, as confirmed by a social services report.
Defendant’s Allegations (Squatter). Lack of Active Legitimacy.
The defense of the squatters focused on two main arguments. On one hand, they claimed the squatters acted in good faith and had a verbal contract with the “alleged landlord.” On the other hand, they argued that our client (the executor in the UK) did not have the capacity to file legal actions in Spain on behalf of the inheritance, as his authority would only be valid in the UK, not in Spain.
Judicial Resolution.
The court ruled in favour of our clients and fully accepted the claim filed against the squatters. Firstly, it was proven that there was no authorization or verbal contract. Secondly, it was confirmed, as we argued during the trial (and through a certificate of law prepared by a UK notary), that the executor was fully authorized to represent the inheritance’s interests before Spanish courts. Consequently, the eviction of the occupants was ordered, and they were condemned to pay the legal costs of the procedure.
Conclusion.
At White & Baos Lawyers, we are experts in defending our clients’ rights in complex situations like squatter occupations. If you need expert legal advice on the eviction of a squatter, do not hesitate to contact us. We are here to help.
The information provided in this article is not intended to be legal advice, but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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