Locks changed, utilities cut or harassment by your landlord

Terms used

• Denuncia — A denuncia is a formal report of a crime made to the police or a court.
• Coacciones — Coacciones means using force or intimidation to stop someone doing something the law allows, such as living in their home.
• Allanamiento de morada — Allanamiento de morada is entering someone's home against the occupant's will.
• Acoso inmobiliario — Acoso inmobiliario is harassment of a person in their home, usually to make them leave.
• Juzgado de guardia — The juzgado de guardia is the duty court that takes urgent reports outside normal hours.
• Procurador — A procurador is a court representative who files documents for you in most civil cases, working alongside your lawyer.
• Interdicto de recuperación de la posesión — The interdicto de recuperación de la posesión is a fast court claim to be put back in a home taken from you unlawfully.

Key rules

• Court order: Only a judge's order, carried out by court officers, can lawfully remove you from your home.
• Emergency numbers: Call 091 or 112, or 062 for the Guardia Civil, and ask for the incident to be recorded.
• No force: Never break in or use force to get back in yourself.
• Lawyer: You do not need a lawyer to file a denuncia, but you generally need one for the court claim to get back in.

Is this legal? No

A landlord cannot change locks, cut utilities or remove you or your belongings without a court judgment and court-ordered eviction. Only court officers can carry out an eviction, and only after a judge has ordered it. Until then, you keep the right to live in the home. This is called self-help eviction, and it is unlawful. You have criminal and civil remedies, and you should use them at once.

What to do in the first hours

Act in this order. The checklist below has the full list.

1. Call the police. Use 091 or 112, or 062 for the Guardia Civil. Ask them to attend and record the incident.
2. Document everything. Photograph and film the lock, the cut utilities and your belongings. Save messages, your lease and your rent receipts. Ask witnesses for their names and contact details.
3. File a denuncia. Go to a police station or the duty court (juzgado de guardia). Ask for a written copy. Police responses vary, so insist on it.
4. Get legal advice. Contact a lawyer, free legal aid (justicia gratuita) or a tenants' union. Ask about a possession claim.
5. Find a place to stay. If you have nowhere to go, call your town hall's social services. If there is a health risk, call 112.

Do not break in or use force yourself. Keep proof of the date of the lockout and a list of your belongings.

The criminal route

You can report the landlord for coacciones (forcing you, by violence or intimidation, not to do something the law lets you do). You can also report allanamiento de morada (entering your home against your will). Harassment to push you out (acoso inmobiliario), threats and damage to your property may also apply. A lawyer is not required to file a denuncia. You can file it with the police (Policía Nacional, Guardia Civil or local police), at the duty court or with the prosecutor's office (Fiscalía).

The civil route: getting back in

You can bring a fast court claim to be put back in your home, the interdicto de recuperación de la posesión. It is filed at the court of first instance where the property is. You generally need a lawyer and a procurador, except in some low-value cases. It is meant to be quick, with hearings in weeks to a few months, depending on the court. You can ask the judge for interim measures to be let back in sooner.

You can also claim damages for the lockout, lost belongings and costs. Do this in the same case or in a separate one.

If only your utilities were cut

Cutting water, electricity or gas to push you out is also unlawful. It can count as coacciones or acoso inmobiliario, and it breaks the landlord's duty to keep the home habitable. You can file a denuncia and ask the utility company to restore supply. You can also report it to your local consumer or housing authorities and sue for damages. If the supply contract is in your name, the landlord cannot cut it.

Keep your proof

Your lease, rent receipts, dated photos and messages show you are the tenant in possession. They are the core of both the criminal and civil cases. The documents list below shows what to gather.

Documents you need

• Your lease, to show you are the tenant in possession of the home.

• Rent receipts or payment records showing you paid your rent.

• Photos, videos and messages showing the lockout, the utility cut or the harassment, with dates.

• Written copy of your denuncia, issued by the police station or duty court.

• Names and contact details of any witnesses.

Checklist

• Call the police on 091 or 112, or 062 for the Guardia Civil, and ask them to attend and record the incident.

• File a denuncia at the police station or duty court for coacciones or allanamiento de morada, and ask for a written copy.

• Contact a lawyer, free legal aid (justicia gratuita) or a tenants' union and ask about a possession claim to get back in.

Frequently asked questions

Do I need a lawyer to report the lockout to the police?

No. You can file a denuncia at the police (Policía Nacional, Guardia Civil or local police), at the duty court (juzgado de guardia) or with the prosecutor (Fiscalía) without a lawyer.

What can the landlord be charged with?

Possible offences include coacciones (stopping you doing what the law allows), allanamiento de morada (entering your home against your will), acoso inmobiliario (harassment in your home), threats and damage. A lawyer can tell you which fits your case.

How can I get back into my home through the courts?

File a quick possession claim, the interdicto de recuperación de la posesión, at the first-instance court where the property is. You will generally need a lawyer and a procurador. Hearings usually come within weeks to a few months, and you can ask for interim measures to be let back in sooner.

What if the landlord cut my water, electricity or gas?

Report it as you would a lockout: file a denuncia and ask the utility to restore supply. You can also report to consumer or housing authorities and sue for damages and for the landlord to comply with the lease.