Carlos Manso ChicoteSEGUIRMadrid Updated: Save Send news by mail electrónicoTu name *
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The economic crisis caused by the coronavirus, has triggered the phenomenon of “squatting”, that is becoming a real headache for the owners. Especially, individuals can face a judicial procedure that can last for months, or even years.
What options do they have owners?
The Police can evict without a court order and a property occupied illegally, but only if caught “in fraganti” to squat . Otherwise, the landlord needs a court order. And if you intend to denounce the occupation, you will have to provide a title of ownership or usufruct of the house . The alleged squatters have five days to justify their presence. In addition, if there are elders or children involved in social services. Then there is the criminal justice , for which the landlord requires as a precautionary measure the eviction, on the grounds burglary or theft.
What are the main differences between both ways?
The Law 5/2018 designs a civil process faster on paper, with a deadline of five days for the other party to present evidence of their interest on the property. Subsequently, in the period of seven days is reported to the social services if they had to adopt some measure of protection (for example, there may be children or elderly people among the squatters). Even so, this procedure can last up to a year. The criminal procedure is still more complex and long, although it may be effective in the short term if the judge agrees, as a precautionary measure in the eviction. Now, after all this is a laro process: a phase of instruction, another term prior to the oral proceedings and a judgment. All of the above, it can persist for years, as only a resource to the setencia can take in settled a year.
on the other hand, the crime of burglary judging a jury in the scope of the provincial courts and the theft is the competence of the Criminal Court. In addition to demonstrating that the occupants of the dwelling have fallen into this last crime you need to show that there was “violence” on people.
And what can make the community of neighbors?
the presidents of The neighbouring communities … you are not entitled to denounce in this case, only be done by the owner of the property, and, from the College of Administrators of Estates of Madrid (CAFMadrid), have already asked for a change in the Law of Civil procedure. The only way to act is through the Horizontal Property Law, the so-called “path of cessation by annoying activities” (for example, noise or aggression) of article 7.2 or to report the non-compliance of municipal ordinances.
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