On July 2 came into force the new Law on Civil Procedure (LEC) 5/2018 by amending the Law on illegal occupation of housing. In this way, new measures are incorporated to recover illicitly occupied housing with greater speed and agility.
These new measures aim to avoid the abuse that was made of the loopholes that the previous regulations had. One of the main reasons to carry out this reform is to be able to end the "mafias" of flats. These organizations, knowing the slowness of eviction procedures, located vacant properties and rented them to people in situations of social exclusion for a price of up to 1,000 euros per month. The owners of these houses could take up to two years to recover these occupied houses.
Who are the beneficiaries of this new law of illegal housing occupancy?
The objective is that individuals, non-profit entities and public administrations that own or have social housing, that have been deprived of their homes without their consent, can recover their possession immediately.
Promoters, investment funds, private entities and banks are excluded from this procedure. Likewise, cases in which the tenant stops paying rental bills are also excluded from express eviction.
How is the express eviction procedure?
The new law allows to direct the judicial action against the occupants. They can only assert their opposition to the eviction if they prove to be in possession of a title of habitability that justifies the occupation, or to claim that it is the claimant who does not have sufficient title to demand the recovery of the home. The steps are the following:
• In the first place, we have to file a lawsuit against the people who occupy the house by means of a lawyer.
• In the application the property title will be attached and request the immediate delivery of the possession of the dwelling and that the date of the eviction be fixed directly.
• Once the court has issued the admission to process, the claim will be notified to any occupant in the home, requiring, within a maximum period of 5 working days, to submit to the court a title that allows them to occupy the home ( for example a lease).
• In the event of not providing a sufficient degree of proof of occupation, the court will order the immediate delivery of the possession to the claimant and the eviction will be carried out by whomever occupies it at the time in question.
• The decision of a favourable nature will be enforceable without having to wait for the usual period of 20 days foreseen for other types of execution.
The regulation provides for notification to social services
With the consent of the interested parties, the public services competent in matters of social policy, in the case that their action is necessary in the process, within a period of 7 days, they will adopt the protection measures that may be appropriate.