If you have an uninhabited house or you simply left your house for a while and when you returned you found that squatters had usurped it, do not despair, we know it is not the best news but there are certain legal processes for you to get it back.

What to do if I have squatters in my house?

It is worth mentioning that the terminology squatting and squatter is used to refer to the illegal taking of a house.

First step: report it

Let's be honest, the legal procedure to evict squatters usually takes a long time, but it is very important that you do not try to solve the problem on your own, it must always be with the law, otherwise things can go wrong.

In principle, you should make the complaint quickly. If it is proven that the squatters are living in your home in a period of less than 48 hours, then they can be evicted without having to go to court. Although this is not usually the case, since those who carry out this illegal action have everything premeditated and look for a way to make it difficult to prove it, it is still the most advisable thing to do to start with: report it immediately.

Legal procedures to follow

There are three ways to recover your house by legal means. Two civil and one criminal. We detail each of them.

Precarious eviction

It is one of the ways to recover your house by civil means. It is a legal way to evict one or more people from a house and there are two different types of eviction by precariousness:

1. When at first the dwelling was occupied with the consent of the owner, but after a certain period of time and for different reasons, the occupant refuses to leave it.

2. When the person or persons take the dwelling directly without the owner's authorization. This would be the traditional process of squatting.

Summary guardianship of possession

This is also a civil process to recover a house taken by squatters. With the "Anti-squatting Law", the position can now be recovered in the framework of the oral trial. 

In this case, the claim can be for permanent or second homes, excluding premises used for any type of business. They can be made both by individuals and non-profit companies, as well as by public bodies.

Complaint for encroachment

This is the criminal legal way to solve the big problem of what to do if I have squatters at home. It is the most advisable option to carry out if the house was taken violently and with threats.

In the trial, you must present all the necessary documentation that proves that you are the owner of the house. There, it will be the judge who will give the authorization for eviction, which will be carried out by police officers.

In any of these cases, if you find yourself in this situation you have to resort to the law and to prevent it, nothing better than our real estate brokerage service.