Squatter, tenant or guest, why the label decides your remedy

Terms used

• Desahucio por impago — The desahucio por impago is the civil court eviction of a tenant who has stopped paying rent, with a claim for the arrears.
• Usurpación — Usurpación is the crime of occupying a property that is not yours, without violence, and without the owner's consent.
• Allanamiento de morada — Allanamiento de morada is the crime of entering or staying in someone's home against their will.
• Precarista — A precarista is someone who uses a home without paying and without any title, only because the owner tolerates it.
• Juicio verbal de desahucio por precario — The juicio verbal de desahucio por precario is the short court case to remove a precarista from your property.
• Procurador — A procurador is the court representative who files and follows your case alongside your lawyer.
• Padrón — The padrón is the town hall's register of the people who live in the municipality.

Key rules

• Consent: Whether the occupant entered with your consent, and under what arrangement, decides the procedure.
• Tenant: A tenant who stopped paying is evicted through a civil case, and you can claim the arrears in the same case.
• Former guest: Against a former guest you need a lawyer and a procurador, and the claim fails if they show a valid title.
• Padrón: Registration on the padrón gives the occupant no right over your property.

Why the label matters

Spain has a different procedure for each type of occupant. If you pick the wrong one, the case can fail or stall and you lose months. So first decide which of the three you face, then follow that route.

The deciding question is simple: did the occupant enter with your consent, and under what arrangement?

A tenant who stopped paying

They came in lawfully under a lease. Your remedy is a civil eviction for non-payment, called a desahucio por impago. In the same case you can claim the unpaid rent (the arrears).

Keep the signed contract. It shows they entered lawfully, which is what points you to this route and away from the criminal one.

A squatter

A squatter entered without your consent and without any title. Two things can follow:

• Criminal route. Occupying a property without violence can be the crime of usurpación. If the property is someone's home, it can be allanamiento de morada, which is treated more seriously.
• Civil route. You can bring a possession action to recover the property. In some cases a quicker police-assisted route, or a request for immediate possession, is available. Ask your lawyer which applies to your facts.

You will need proof of ownership or of your right to possess the home.

A former guest or precarista

A precarista is someone who uses your home without paying and without any title, only because you tolerated it. This often means a friend or relative who stays after you withdraw permission.

The remedy is a short court case called a juicio verbal de desahucio por precario. You must prove that you own the home or have a right to possess it, and that the occupant has no valid title and was only tolerated. A lawyer and a procurador are required. The case ends in an order to vacate, enforced through the court.

If the occupant shows a valid title, your claim fails. That is why the label matters so much.

Padrón registration changes nothing

Occupants sometimes register on the padrón at your address. This does not give them any right over the property. It does not make the occupation lawful and it does not stop you filing a criminal complaint or a civil claim.

You can ask the town hall to review or cancel an entry made without title. You can also ask to be told when someone registers at your address. Town halls handle this differently, so ask yours what it requires.

If they say you let them in

Occupants often claim a lease or your permission to move the case into a slower route. Look at the box below on what to do if this happens. Collect any contract, messages or payments that show how they entered before you file.

Use the decision, documents and FAQ below to confirm your route before you talk to a lawyer.

Choosing between options

Is the occupant a squatter, a tenant who stopped paying, or a former guest?

• Tenant who stopped paying: The occupant entered with your consent under a lease. Use the civil eviction for non-payment, which also claims the arrears.

• Squatter: The occupant entered with no title and no consent. You can file a criminal complaint for occupation, or bring a civil possession action, sometimes with a request for immediate possession.

• Former guest or precarista: The occupant uses the home without paying, only because you tolerated it, and permission has ended. Bring the court eviction case for precario, with a lawyer and procurador.

Ask first whether you let them in under a contract. If yes, it is a tenant. If they came in with no consent or title, it is a squatter. If you merely tolerated their stay without payment, it is a guest. The wrong label means the wrong route and lost time.

Documents you need

• The signed lease contract, if the occupant entered under one. It shows they came in lawfully, which points to a non-payment eviction instead of a squatter case.

• Proof of ownership or of your right to possess the home. You need it to claim against a squatter or a former guest.

• The padrón record for your address, requested from the town hall. It shows whether anyone has registered there, so you can ask the town hall to review an entry made without title.

What if occupants show a lease or say you let them in?

If occupants show a lease or say you let them in, expect the police to step back and the matter to move to court. The police treat it as a civil dispute, even when the paper looks doubtful. The quick police route is mainly for cases with no document and a very recent entry. Your answer is to challenge the document with evidence and, if it looks forged, file a criminal complaint.

Act in this order

1. Ask to see the document, and photograph it. Note the date, the names and the signatures. Don't argue or force anything, because that can turn the case against you.
2. File a police report (denuncia) for forged documents. If money was taken from anyone, add fraud. If the occupants entered without permission, report that too. A judge can then order protective measures.
3. Hire a lawyer to bring or defend the court case. In court, the main question is whether the document is genuine. Your lawyer will challenge it using the evidence below.

Challenging a fake lease

A genuine housing lease normally has these features. A forgery often lacks several of them.

• Both parties are named with ID numbers, and the signatures match their ID.
• The property is identified, including its cadastral reference.
• The rent, term and payment method are stated.
• The legal deposit (fianza), usually one month's rent, was lodged with the regional housing body, and a receipt exists.
• There is a history of rent paid by bank transfer.
• Utility contracts were changed to the tenant's name, and the tenant is registered at the address.

Gather evidence on each point:

• Handwriting: a handwriting expert's report on the signature.
• Whereabouts: proof that the person who supposedly signed was elsewhere on that date.
• Money: your bank records showing no rent received, and confirmation that no deposit was lodged.
• Witnesses: statements from neighbours and the community administrator.

The court can also order the original document, bank records and ID checks.

Challenging a claim that you let them in

If the occupants say you gave permission, build the picture that the property was empty and you never agreed:

• A recent land registry extract (nota simple) and your title deeds.
• The police report, plus photos or video of forced entry.
• Statements from neighbours and the administrator.
• Utility records showing no change of contract.
• Messages in which you refused entry.
• A notary's record of the state of the property.
• No rent receipts and no payment trail.

Reporting the entry quickly also counts against a claim of consent, so don't wait.

Frequently asked questions

Does the occupants' padrón registration give them rights over my property?

No, registering on the padrón (the municipal register of residents) at your address gives the occupants no right over the property.

What can I do if a former guest or relative stays on after I withdraw permission?

You can bring a court case to evict a precarista, someone who uses your home without paying and only with your tolerance. You must prove you own the home or have the right to possess it, and you need a lawyer and a procurador (court representative).

Can I recover unpaid rent when I evict a tenant who stopped paying?

Yes, the civil eviction for non-payment (desahucio por impago) lets you claim the arrears together with getting the home back. This works because the tenant entered lawfully under a lease, which is not the case for a squatter.