Occupation of property

The Provincial Court (AP) of Albacete has ratified the conviction of several people who occupied, without any kind of authorisation, a house that was officially rented to another person, who also continued to pay the rent and the expenses incurred by the occupants' own consumption. The convicted persons entered the house between September and October 2023 and stayed there, despite not having any permission from either the landlady or the tenant.

In the first judgement, in addition to the obligation to vacate the property within ten days of the judgement becoming final, the unlawful occupants were ordered to pay a financial fine and compensation to the tenant. After this, the defendants appealed, saying that there was no bad faith and that they were not warned to leave, that such action did not harm the tenant and that this type of situation should not be solved through criminal proceedings. They also asked for the fine to be reduced or paused until they could find another home.

However, the AP has rejected all their arguments and recalls that the crime of usurpation already occurs simply by occupying the property without consent, without the need for any prior notice. The court considers that there was bad faith because they knew perfectly well that the property was not theirs. Furthermore, they upheld the fine as there was no evidence of lack of resources and said that the extension of the eviction did not fall within the competence of this phase of the process.

 

If you are affected by the ‘squatting phenomenon’, our professionals can undertake all the necessary and appropriate activities to defend your rights and interests.