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It's a residual danger, but as a danger, it represents a risk factor very important when evaluating the safety and security of a home . Who thinks they are going to be squatted when they buy a house? The truth is that few people, and therefore the need to do pedagogy .
- Differences between a squatter and a squatter: rights and options
It is not so much about turning on any social alarm, but to put into perspective a phenomenon that certainly exists, and to which few tenants know how to cope when they have to play the role of victims .
According to data from the Ministry of the Interior, in the second half of 2020, a total of 7685 complaints . It is 2% more than in the same period of the previous year, and 40% more than the annual total recorded in 2015 (10,376 vs. 14,675).
That is why in this article we want to put this problem on the map and give you some tools to get you prepared in case your property is violated. How to avoid squatters at home? Is there a formula for evicting squatters? And anti-squatter alarms?
How to avoid squatters at home?: tips and recommendations
We can affirm that There are more and more squatters in Spain . Now, these data need certain contextualization. On the one hand, as reflected by the Cerdà Institute, the majority of squatted homes are empty properties that belong to banks and investment funds .
On the other hand, the INE indicates that, for example, in 2019 they only registered 238 convicted of home invasion . This means that many of the affected tenants go to eviction companies than to the nearest police station.
And finally, the squatting has progressively grown in the last five years, but It has not done it equally throughout the territory . If we look at the data from Spain we see how the majority of complaints occur in Catalonia, and as in Madrid have relegated in the last year.
Does all this mean that Is your house free of danger? Absolutely not. All of the above alone reflects probabilities, and whenever there is a slight chance of it happening, there will be a tenant's obligation to protect himself .
Anti-squatter measures: avoid the occupation of your home
Recommendations to avoid occupation of your second home are very similar to those that we have already mentioned in other articles in relation to the simple home burglary . The general idea is to project the false sensation that the property is inhabited .
And one of the main reasons why squatters target these types of houses is because they they pass empty an average of 7 months a year . Therefore, our goal will be to create a series of signs and patterns that indicate otherwise. The recommended measures are the following :
- Rent the home : you can try rent it during the months that you are not going to use it. It must be taken into account that squatters avoid already inhabited houses due to the legal implications that squatting presents in these cases.
- Install an anti-squatter alarm : It is the alternative if you do not want to rent the home and you do not have time to visit it frequently. There are already many alternatives on the market that are profitable in the long term.
- Open a rental process : You may not really want to rent it, but if you have a real estate agent teaching it regularly to potential buyers, you will prevent it from having that image of opportunity for squatters.
- Automate the home : It is not feasible to travel 400 or 500 kilometers several times a week just to turn on the lights in your home for a couple of hours. It is better to bet on home automation systems that they do it in an automated way. That also includes blinds and appliances.
- Escape from social networks : do not mention directly or indirectly on your Instagram, Facebook, Twitter or TikTok accounts where are you at every turn. All of this constitutes help for those who are thinking of raiding.
- Furnish and equip the house : It is a purely legal question. If the squatted home has belongings and articles for personal use and enjoyment, in the event of a complaint the judge will consider it. trespass , and not occupation. So it will be easier for you to recover the house.
- Don't hang posters : It sounds counterintuitive, but “For rent” or “For sale” signs represent an important risk factor. The squatters will consider that You will not be present in the property at the time of occupation.
What happens if they squat in a house with an alarm?
Before answering the question we have to distinguish what the law considers squatting and what it does not . Because no, the simple intrusion of the third party into your property is not a constituent of immediate form of that crime.
We must distinguish between usurpation y trespass . They seem the same, but the second has a much lighter typified penalty than the first.
- Break-in : in accordance with articles 202.1 and 202.2 of the Penal Code, this crime constitutes when the property attacked is habitual residence . It has a penalty of 6 months to 2 years in prison when there is no violence, and 1 to 4 years when there is.
- Usurpation : Article 245.2 of the Penal Code states that “anyone who occupies, without due authorization, a property, home or building belonging to others that do not constitute abode , or remains in them against the will of its owner, will be punished with a fine of 3 to 6 months ”.
That is why it is vital to have a anti-squatter alarm installed ; that element will guarantee that justice consider the property as a habitual residence, among many other things. Otherwise, what squatters usually do is ordering a pizza or buying clothes to that address.
From that moment it comes into play article 18.2 of the Constitution, that considers the home as a inviolable entity which cannot be accessed without a judge's order or in "case of flagrante delicto."
What you can't do if your house is squatted
It is completely normal to be overcome by a feeling of anger and resentment, but you must avoid acting on impulse . And there are certain acts that the only thing they will achieve is make the situation even worse. We talk about things like these:
- Cut off supplies : is considered crime of coercion, collected in the article 172 of the Penal Code. It may be tempting to turn off the electricity, gas and water, so It's better that you don't do it.
- Change the cylinder : We are in the same situation as the previous assumption. Replacing the lock with squatters inside the home is considered a crime of coercion.
- Threaten squatters : depending on the severity of the acts (threatening to kill, attacking, harassing), you can end up paying heavy fines or even detained in prison.
- Access the home : It sounds paradoxical, but if you access your squatted house you would be incurring a possible crime of trespassing.
What you can do if your house is squatted
Before taking any action, call the police. Thanks to the express eviction law , if you report in a period less than 48 hours from squatting, you will get the crime classified as trespass and not usurpation.
Do you remember what we said about having a anti-squatter alarm ? This is one of the most important reasons that justify it. The other is somewhat more qualitative but just as interesting.
“When we are notified of an alarm, we go and act with all force against the break-in or robbery, not against the occupation of a home, but against the initial act, the assault on the property ", explains the Civil Guard to La Voz de Galicia.
“ Upon receiving the alarm notification we can now enter the house , there is no room to discuss whether they have agreed because they have an alleged contract or to claim that they have been living within it for some time.”.
You didn't have an alarm installed, but Have you also reported? From that moment you will have two alternatives: the criminal route and the civil route . The latter is the fastest because with it the squatter is obliged to prove ownership of the home in a maximum period of 5 business days .
From there a 30 day period for the execution of the launch or eviction . It is, however, a more bureaucratic issue that can prolong the entire process until the 5 months . It is still more interesting than the years of criminal proceedings.
Is there any anti-squatter insurance? How does it work?
This service is responsible for giving you coverage in case of being a victim of squatting in your home. As a general rule, they provide you legal assistance throughout the process and take charge of the material damage to the house.
Eye, Not all anti-squatter insurance covers material damage. . It is recommended that you make sure that this service is integrated into the coverage.
With respect to legal assistance, these insurances They cover both judicial processes and advice and claims . In some cases they also cover the expenses of expert opinion, legal counsel or procedural costs.
When should you take out anti-squatter insurance?
It can be used for any house, but there are some that are more likely to suffer squatting. We are talking about the second homes, that spend a lot of time without anyone living in them.
On the other hand, it could also be interesting hire this service during the summer . Especially if you are planning a long trip and won't be home for a week or longer.
Frequently Asked Questions
How long can a squatter stay in a house?
How long a squatter can remain in a home depends on several factors, such as local laws and actions taken to remove them. However, in general:
Legal term: In many countries, squatters can remain in a property for several months if immediate legal action is not taken.
Judicial process: Evicting a squatter through the judicial system can take between 2 to 6 months depending on how quickly the procedures are handled.
Resistance Strategies: If squatters appeal to housing rights or can argue that they have established residency, their stay may be extended even further.
Therefore, it is crucial to act quickly when faced with the occupation to prevent the process from being prolonged.
What protects squatters?
There are certain laws and mechanisms that can protect squatters, although this varies depending on the legislation of the place. Among the main reasons are:
Residence rights: In some countries, if a squatter settles for a certain period of time, he or she can acquire certain rights over the property.
Property Law: Sometimes laws that protect tenants' rights can also apply to squatters, giving them leeway to not be immediately evicted.
Lack of quick action: If the owner does not act quickly and appropriately, the squatter can use their right to be on the premises, arguing that there has not been a complaint or that proper legal procedures have not been followed.
How do squatters mark houses?
The squatters usually use visible signs to mark houses that are empty or that they consider vulnerable to occupy. Some of the most common ways include:
- Codes on walls or fences: They use symbols or marks (such as circles, crosses, or specific symbols) at the entrance or near the property to identify it.
- Posters or labels: They may leave some type of sign or label on the door or windows indicating that the house is being watched.
- Pattern observation: In some cases, squatters can observe if a property is empty for long periods or if neighbors are not paying much attention.
To prevent your property from being marked, it is advisable to keep it under surveillance, install alarms or security systems, and close the entrances well.
How to make some squatters leave?
If squatters are on your property without your consent, it is best to act quickly. The first step is to contact a specialized lawyer in these types of cases to understand the appropriate legal steps. You can submit a lawsuit for recovery of property through an eviction trial. In some cases, if it is an illegal act, the police can intervene , but only once the legal process has begun.
What happens if a squatter changes the lock?
If a squatter changes the locks on your property, they are committing a crime. illegal act . Although you cannot force entry on your own, you must notify the authorities and present a report to the police or a lawyer to start the eviction process. Do not attempt to enter on your own, as doing so could be considered a burglary crime .
When can the police kick out the squatters?
The police can act only once started the judicial eviction process . If a judge issues an eviction order , the police are authorized to intervene to enforce the order and expel the squatters. the police cannot act on his own without a court order.
What happens if I force a squatter?
Forcibly evicting a squatter is an illegal act. If you try to do this, you could face charges for breaking and entering o coercion . The law establishes a judicial process for eviction, so the most appropriate thing is contact the authorities y follow legal procedure for the squatter to be officially evicted. Taking justice into your own hands can further complicate the situation.
If you are worried about this whole issue of avoiding squatters at home, don't hesitate. Enter our website or call 900 622 550 and let Yoigo Alarms It becomes the infallible guardian of your home against possible intruders.
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