Holiday or seasonal guests who overstay

Terms used

• precario — A precario is occupying a home with no contract or legal right, so the owner can demand you leave.
• juicio verbal — The juicio verbal is a simplified court procedure with a hearing, used for eviction and precario claims whatever the amount.
• coacciones — Coacciones means using force or intimidation to stop someone doing something the law allows, such as living in their home.

Key rules

• Police: Call the police for a crime in progress or a break-in. A guest who refuses to leave a registered tourist rental is a civil dispute, and the police record identification; a few regional tourism rules let an establishment call the police, so check your region's rule.
• Contract type: A seasonal lease leads to a claim for expiry of the term (desahucio por expiración de plazo, an eviction claim after the lease end date), while a tourist stay with no lease leads to a precario claim.
• Self-help: Never change the locks, cut off supplies or remove belongings before a court order, or you risk liability for coacciones.
• Disguised lease: A seasonal contract that is really a housing lease brings housing protections, including extensions.

When the police can act

Call the police if a crime is in progress or someone broke in without your consent. The police can also step in over disturbances.

If the guest entered with your consent and simply stayed on, the police treat it as a civil matter and do not remove anyone.

Why the contract type decides the route

Seasonal lease (arrendamiento de temporada). This is a lease for a use other than a permanent home, such as summer, work or study. It follows its contract and has no automatic extension. Your signed lease and its end date are your proof.

Tourist let (vivienda de uso turístico). This is a short commercial stay. The guest has no tenancy, so your claim is a precario claim, a court action to remove someone living in your property without a right to be there. A tourist let must be registered in the national register and, where required, approved by your community of owners.

Disguised housing lease. Courts check whether a "seasonal" contract is really a normal housing lease. Be honest about the real purpose of the stay when you sign.

How the court route works

You file at the court of first instance (Juzgado de Primera Instancia), and a local lawyer should file the claim that matches your contract type. Both claims use the juicio verbal procedure.

1. The occupant is served and has 10 days to reply.
2. The court sets a hearing.
3. Judgment is given, and either side can appeal.
4. After judgment, ask the court for a removal date. If the occupant is vulnerable, removal waits for social services to act.

Expect several months to a year, plus the removal date.

The losing side pays the court costs, so ask your lawyer to claim them from the occupant.