On April 3, 2025, a major legal reform came into effect in Spain, significantly changing how cases involving squatters and rental disputes are handled. The new legislation is designed to better protect property owners from long, costly legal battles and illegal occupations.
Until recently, property owners in Spain often faced months or even years of legal procedures before squatters could be evicted. The traditional legal route—an eviction procedure based on “precarious use”—required owners to prove that the squatters were occupying the property without permission, but imposed few additional conditions.
The new law changes this by introducing a requirement to demonstrate that an attempt was made to reach an amicable settlement with the occupants. In practice, this proves nearly impossible, as squatters often refuse to communicate or remain anonymous.
As a result, another legal route is now taking precedence: the interdicto de recobrar la posesión—a fast-track procedure designed to restore possession of a property when someone is unlawfully blocking access or use.
The key advantage? Speed. These proceedings can be resolved within weeks, without the need for lengthy evidence gathering or mediation attempts.
For property owners, this represents a more efficient way to reclaim their assets and limit further damage or loss. While this legal tool was previously underused, it’s now emerging as a vital part of Spain’s legal arsenal against squatting.
The law also introduces new procedures for recovering unpaid rent or other debts from former tenants. Before taking legal action, landlords are now required to make out-of-court efforts to resolve the issue.
If the tenant’s address is unknown, the claimant must submit a signed declaration stating this and request the court to trace the correct address. Providing false information in this declaration can lead to penalties, including being held responsible for legal costs.
These legal changes aim to streamline procedures, provide faster relief for property owners, and offer clearer guidelines for both landlords and tenants.
If you’re a property owner, real estate manager, or legal advisor operating in Spain, staying informed about these updates is essential. Understanding the new legal landscape will help you act effectively and protect your rights in the face of disputes.
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