An illegally occupied property refers to a dwelling where someone resides without a valid contract or the owner’s permission. The phenomenon known as ‘squatting’ is not explicitly defined in Spanish legal framework. However, the law does recognise two related concepts: usurpation and unlawful entry.
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Usurpation: This offence occurs when one or more individuals enter an unoccupied property and settle there without the consent or against the will of the owners. Since the property is uninhabited, the penalties are less severe than for unlawful entry. However, if the offenders use violence or intimidation, they may face imprisonment.
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Unlawful entry: In this case, an individual occupies an inhabited property or dwelling without the owner’s permission, violating their privacy. This offence carries prison sentences.
What is ‘inquiocupación’?
‘Inquiocupación’, or ‘inquiokupación’ refers to a situation where a person moves into a property through a rental contract, stops paying rent, and continues living there.
Although the term includes the word ‘ocupación’, literally meaning squatting, ‘inquiocupación’ is classified as tenant default, as there is a rental agreement in place and non-payment is involved. Legally, this is neither usurpation nor unlawful entry.
A defaulting tenant is someone who, after moving into a rental property, ceases to pay rent, utility bills, or both. Since they initially accessed the property through a formal rental contract, the landlord cannot reclaim the property until a judge orders the eviction.
A tenant becomes a defaulter from the first month of non-payment. Tenants who remain in the property after their rental contract expires, against the landlord’s wishes, are also considered defaulters.