What is the crime of squatting?
The offence of occupation is a misdemeanour punishable by a fine of 3 to 6 months, and is therefore dealt with through the procedure for Occupation: the offence of usurpation of a dwelling, building or property, where there is no investigation and it is tried in the Court of Instruction of the place where the offence has been committed.
When is the offence of occupation committed?
In order to commit a crime of occupation, it is necessary that the property, dwelling or building that is occupied is someone else's and that it does not constitute a dwelling, i.e. no one lives there. Example: a house that is for sale in which no one lives, a half-finished building, a block of flats where no one lives, an industrial building, a garage, etc.
In the case of occupying a dwelling that constitutes someone's dwelling, we would be faced with the crime of breaking and entering, which is a less serious crime and is punishable with a prison sentence of 6 months to 2 years.
What is the difference between the crime of occupation and breaking and entering?
The difference between the crime of occupation and the crime of breaking and entering is that in the former, the property that is occupied is not someone's home, whereas we speak of breaking and entering when a home is occupied, either as a first or second residence, i.e. the property is someone's home.
How can I prove that a house is inhabited?
To prove that a house is inhabited, it can be demonstrated through the payment of water and electricity bills, and if the house has a fridge, it is a clear indication of the habitability of a house, even with photographs, videos, making a list of what is inside the house, even inside the fridge, which accredits a knowledge that only the person who lives there can have.
What should I do if I suffer from a squatting offence?
In the event of a squatting offence, the first thing to do is to report it to the police. Prove the ownership of the property by means of the title deed, or any other document that proves that the property is ours and state clearly that the squatter is not authorised to live in the property. If the property is a dwelling, it is necessary to prove that it is an inhabited house, either as a first or second residence, through the payment of utilities, or any other document that proves that the house is someone's dwelling.
Does not paying the rent constitute the commission of the crime of squatting?
If a tenant does not pay the rent, we are not dealing with a crime of illegal occupation, but will have to initiate civil actions to be able to agree on the eviction from the property, as illegal occupation is always carried out without the consent of the owner of the property. In the event that the owner had initially been authorised to occupy the property, even temporarily, the owner will have to take civil action to recover possession, as this would not be a crime.
If we commit the crime of squatting or trespassing: can we ask the judge to order the eviction from the property and the restitution of possession?
If we commit the crime of squatting or trespassing, we can ask the judge to order the eviction from the property and the restitution of possession. through our lawyer of reference . The problem is that the crime of illegal occupation since 2015 is a minor offence and due to the principle of proportionality, in many cases the investigating judges do not agree to the eviction of the property. It is different in the case of breaking and entering, as this is a less serious offence.
It is very important to act as quickly as possible, to file a complaint immediately, together with all the documentation available, including photographs, recordings, anything that can be used to prove the crime that is being committed and hire a lawyer to defend our interests before the judicial body.
