Last December 19, 2024, the Organic Bill of Measures for the Efficiency of the Public Justice Service was approved, which includes amendments aimed at speeding up eviction proceedings in cases of illegal occupation. This regulation, also known as the Anti-squatting Law, seeks to reduce the resolution terms for the crimes of trespassing and usurpation of a dwelling, incorporating them into the framework of fast-track trials. With this measure, evictions could be resolved in approximately 15 days.
The express eviction procedure, regulated in the Civil Procedure Act (LEC), applies to situations in which owners, non-profit entities or public entities lose possession of a property without their consent. With this reform, the process is included in the Criminal Procedure Law as a less serious crime, along with others such as theft and robbery, facilitating its fast-track processing. Despite these improvements, the regulation does not cover all situations. Cases of inquiokupación, in which a tenant deliberately stops paying rent in order to continue occupying the property, taking advantage of the difficulties of the judicial system to proceed with the eviction, are left out.
Express evictions
The express eviction process consists of several key steps:
- Filing of the lawsuit: The owner must file the lawsuit in the corresponding court, accompanied by documentation proving ownership of the property. The lawsuit is directed against “unknown occupants”, given the frequent lack of identification of squatters.
- Notification to the occupants: Once admitted, the court notifies the squatters, who have 5 days to present a title justifying their occupation. If they fail to do so, an eviction order is issued.
- Eviction: If a valid title is not presented within the stipulated time, the court sets a date for eviction. On that date, court officials execute the eviction and document the condition of the property.
The main novelty of the new law is the reduction of time periods, which can go from years to weeks, depending on the circumstances.
In which cases does the new Anti-Kickback Law not apply?
The new regulation excludes specific situations, such as inquiokupación, which is still regulated by longer civil proceedings. This type of occupation, in which the tenant stops paying rent but remains in the dwelling, does not benefit from speedy trial mechanisms. Also, constitutional rights such as the inviolability of the home remain unchanged. After 48 hours from the occupation, a court order is required to proceed with the eviction, unless it can be considered a flagrant crime, a situation that the regulations do not define precisely.
