NEW LAW 5/2018, of June 11, IN RELATION TO THE ILLEGAL OCCUPATION OF HOUSING.
In the month of July came into force in order to address two problems that are occurring frequently:
- on the one hand, eviction proceedings for non-payment of income to families in situations of economic vulnerability and residential exclusion;
- and, on the other, situations of illegal housing occupation, promoted by organized groups of an illegal nature.
The main novelties are:
-It is foreseen that when the notification of a resolution contains the setting of the date for the eviction of those who occupy a dwelling, it will be transferred to the competent public services in case it should proceed, provided that consent had been granted by the interested parties.
- the immediate recovery of the possession of a dwelling may be requested when the claimant has been deprived of it without his consent, provided that this plaintiff is "a natural person who is a legitimate owner or possessor by another title (rental agreement), non-profit entities with the right to own it and the public entities that own or have legitimate social housing ". Therefore, the legal entities that own homes (investment funds and banks) are excluded from this power
-The demand may be addressed generically against the unknown occupants of the same, and the notification will be made to whoever is in the property at the time of carrying out said notification.
The claim must accompany the title in which the plaintiff fuses his right to own.
- the claim will require its occupants to provide, within five days of notification of that, title that justifies their possessory situation. If no justification is provided, the court will order the immediate delivery of possession of the home to the plaintiff.
- There will be no appeal against the car and it will be carried out against any of the occupants who are currently in the home.
