There is a growing consensus that these cases should be resolved through civil<\/strong>, although there is agreement that providing the judicial system with the necessary resources\u2014which in most cases remains merely a matter of words on paper\u2014clashes with the reality of a judicial system that lacks resources and is overwhelmed by its workload.<\/p>\n In addition, we must not lose sight of another aspect of the problem, namely that whenever a need arises that goes unmet, criminal groups are ready to take advantage of the situation, which exacerbates the problem to the point of creating widespread insecurity\u2014such as the situation currently unfolding due to squatting.<\/p>\n That is what is happening in this case: there are groups that monitor homes to confirm that they are unoccupied, then break into them, and finally hand them over to third parties in exchange for money.<\/p>\n All of these individuals are aware that the squatting taking place is illegal, but they are willing to buy time and remain in the homes for as long as possible, knowing full well that they are acting illegally.<\/p>\n However, this is not the place to discuss the political and social aspects of this phenomenon; rather, it is the appropriate forum to explain the current legal situation.<\/p>\n Before the law was amended, and therefore before the passage of the so-called \"express eviction law\"<\/strong>, ...there were two approaches that were used with very little success.<\/p>\n One was the criminal<\/strong> consisting of the possible concurrence of two crimes\u2014either breaking and entering or the crime of unlawful occupation of a dwelling, under Articles 202 and 245 of the Penal Code, respectively\u2014and another regarding the legal remedy civil<\/strong> consisting of proceedings in the form of an oral trial, whether for a declaratory judgment or an injunction to recover property.<\/p>\n Taking legal action is not at all advisable because, unless the offenders are caught in the act, you will not regain possession until the criminal proceedings are concluded\u2014many months after the complaint is filed\u2014and during that time, you will not regain possession.<\/p>\n The solution that has been sought is through civil proceedings, by strengthening the injunction to recover possession and making it more summary in nature, in order to expedite the proceedings and clearly demonstrate that the legislature intends for these matters to be resolved through civil proceedings.<\/p>\n Following the enactment of Law 5\/2018 of June 11, amending Law 1\/2000 of January 7 on Civil Procedure, (the so-called \u201cexpress eviction\u201d) regarding the illegal occupation of dwellings has been amended, and certain articles have been added to the section on oral proceedings, with the aim of streamlining the procedures for the owner to recover the property.<\/p>\n It is undoubtedly a progress in the fight against squatting<\/strong> Unfortunately, however, when it comes to their day-to-day application in the courts, they come up against the harsh reality of the courts\u2019 lack of resources, which causes these cases to drag on far longer than the legislature could ever have imagined when it approved the aforementioned amendments.<\/p>\n The owner is forced to Find a Lawyer<\/a> and an attorney to take legal action<\/strong> through an oral hearing, albeit with a somewhat more expedited procedure.<\/p>\n Once the complaint is received, it will be served on the person occupying the dwelling without the need to identify them by name, as their identity is typically unknown. The court grants a 10-day period for the defendant to submit proof of occupancy; if such proof is submitted, a hearing will be scheduled.<\/p>\n If the claim is accepted and the holder is summoned to justify their title, they will be required to appear at a hearing if they provide valid title within 10 days.<\/p>\n If the tenant fails to provide valid title, or if a judgment is rendered against the tenant following a hearing, the tenant shall be evicted.<\/p>\n The plaintiff will not have to wait 20 days to request enforcement; he or she may do so immediately after the judgment is rendered.<\/p>\n Two issues are important: first, it is possible to request, as a precautionary measure, that the property be vacated; and second, an issue that typically leads to delays in the enforcement of judgments is that if the defendant is served with the notice, they will be given the opportunity to notify Social Services, and in cases of vulnerability, this can result in a delay in enforcement.<\/p>\n This new regulation, which represents an improvement over the previous situation, clashes with the day-to-day reality of the courts, and as the saying goes, theory is one thing and practice another; homeowners will often benefit from the enormous backlog in many courts in processing cases, and at other times from the work of attorneys who, once hired, will try to find every legal loophole to delay the proceedings<\/p>\n In our personal opinion, we believe that this regulation is neither sufficient nor fair to the owner who finds himself in this situation, because he is forced to go to court against the other party, who has acted de facto and without any legal basis, and the owner must prove to the judge that they are the owner and have the case decided in their favor, when it is the other party who has altered the existing reality through an illegal act.<\/p>\n We do not see any compensation or equitable treatment, especially since you will typically have to pay fees\u2014that is, it will entail a cost for you, whereas it will not for the other party\u2014because this always involves individuals who are insolvent.<\/p>\n We understand that criminal proceedings would be more in line with the reality of the events that occurred, but this would be of no use unless it included, as a precautionary measure, a request by the injured party for the return or restitution of the property during the course of the legal proceedings, because otherwise, it makes no sense to undergo a criminal proceeding, which will always take much longer than a civil one.<\/p>\n In addition, prison sentences should be accompanied by heavy fines, and all of this would serve as a deterrent.<\/p>\n If you unfortunately find yourself in this situation, please do not hesitate to contact Carlos Ba\u00f1o Le\u00f3n\u2019s law firm in Alicante so that we can advise and assist you during this difficult time.<\/p>\n We have extensive experience in these cases and will advise you on the best, most efficient, and most cost-effective way to proceed, so that you can regain possession of your property and ensure this does not happen again.<\/p>\n Given our experience with these cases, if you have been evicted from your home, please do not hesitate to contact us; we promise to file a lawsuit within 48 hours of receiving all the necessary documentation.<\/i><\/strong><\/p>\n If you need more information, please feel free to contact Carlos Ba\u00f1o Le\u00f3n Law Firm<\/a>.<\/p>\nSituation Prior to the Express Eviction Law<\/h2>\n
![\"The](\"https:\/\/www.cbleon-abogados.com\/wp-content\/uploads\/2024\/02\/okupacion-y-ley-desahucio-expres.jpeg\")
<\/p>\nCriminal Proceedings<\/h3>\n
Civil Law<\/h3>\n
Express Eviction Law<\/h2>\n
Procedure Under the Express Eviction Law<\/h3>\n
The harsh reality of the Express Eviction Law<\/h3>\n
Lawyer in Alicante: Carlos Ba\u00f1o Le\u00f3n<\/h2>\n
![\"Lawyer](\"https:\/\/www.cbleon-abogados.com\/wp-content\/uploads\/2019\/09\/abogado-carlos-leon-asesoramiento-portada.jpg\" "\\"Lawyer")
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