My property in Spain has been occupied. What can I do?

1. Put safety first and preserve information

If you are witnessing an entry or people are at risk, contact the police and avoid confrontation. Do not try to resolve the situation by force.

Record when you discovered the problem, when the property was last used and who may have relevant information. Keep original messages, notices and documents. Separate what you saw yourself from what others have told you.

2. Rent arrears and unauthorised occupation are different

Spanish criminal law distinguishes unauthorised entry or remaining in another person’s home from unauthorised occupation of property that is not a home. The facts determine the classification. Articles 202 and 245.2 of the Spanish Criminal Code.

A second or seasonal home can also qualify as a protected home (morada), despite temporary absence, if it remains a place of private life. Explain how you used it. Prosecutor General’s Instruction 1/2020, section 2.

Where a tenancy existed, explain when payments stopped and what notices were sent. Non-payment can be grounds for ending a tenancy; it does not by itself justify treating the tenant as an occupier without title. Article 27 of Spain’s Urban Leases Act.

Also mention any permission given to a relative or acquaintance, or a disagreement between co-owners. Your lawyer needs the full history, not simply the fact that you now want the keys back.

3. Prepare a folder, not a pile of messages

These documents help organise the first review. Not every item will exist in every case, and an urgent consultation should not be delayed while you try to gather everything.

• Title deed, land registry extract or other evidence of your right to the property.
• The agreement and payment records, if a tenancy or other arrangement existed.
• Previous communications and details of any complaint or police action.
• A short dated timeline and an explanation of how the property was actually used.

4. Choose the route after reviewing the facts

Spanish civil procedure provides different possession claims, including tenancy, claims known in Spain as precario, and dispossession cases. The claim and its requirements depend on the facts. Article 250 of the Civil Procedure Act.

Before proceeding, ask what the action seeks to achieve, what evidence is missing and what it will cost. Any pre-action requirements and current procedural rules also need checking. This guide cannot calculate deadlines or select a court claim for your particular case.

5. Avoid rushed decisions

Do not sign agreements or hand over money to recover the property without understanding the terms and consequences. Seek advice on the circumstances before changing locks or altering utility arrangements. An improvised solution may create another dispute.

Do not assume a fixed recovery date. Ask for an explanation of the likely steps and what might delay them. The first consultation should prepare a well-founded course of action, not promise an outcome.

6. If you live outside Spain

You can start with a summary, the location and important dates. Mention which documents you hold and your preferred language: Spanish, English, German or Italian.

Depending on the procedure, we can act under a power of attorney granted in your country of residence, before a local notary or a Spanish consulate providing notarial services. This lets you authorise the necessary steps without travelling to Spain to sign the power of attorney.

Before you sign, we will check its validity and the powers needed, including appointment of a Spanish court representative (procurador) where required. For a power of attorney signed before a foreign notary, we will check whether an apostille or legalisation and a translation are needed. A power of attorney does not replace any compulsory personal appearance.

Do not initially send identification copies, bank details or sensitive personal documents. We will first agree what information is needed and how to provide it. Contact does not mean the case has been accepted or that legal time limits stop running.