Eviction for precarious tenancy

21/06/2023

How to act?

  • Despatch

We teach you how to do it

Before proceeding with the procedure for eviction for precarious tenancy, it is important to consider that a precarious tenant is someone who is in possession of a property without a valid title, meaning that there is no rental contract or any other legitimizing authorization.

  1. In this regard, a precarious tenant may be so because of:
  2. Having permission from the owner to occupy the property, but without a contract or any other title.
  3. Termination of the contract or title that justifies the possession of the property.

Illegal occupation of a property, which occurs when the squatter enters someone else's property without permission or knowledge of the owner.

When the precarious tenant refuses to return the property that they are occupying, it is necessary to request judicial assistance and carry out an eviction for precarious tenancy in order to recover the property.

This is carried out through the verbal procedure, as established in article 250.1.2º of the Civil Procedure Law:

  1. "The following claims shall be decided in verbal proceedings, regardless of their amount:
  2. "Those seeking the full recovery of possession of a rural or urban property, granted in precarious tenancy, by the owner, usufructuary or any other person entitled to possess said property."

When can we exercise the legal action for eviction for precarious tenancy?

The action can be taken at any time by the owner.

However, it is always advisable to contact the occupants of the property and demand the return of it. If they leave voluntarily, we will save a significant amount of time and legal costs. If they refuse to leave the property, we will need to file a lawsuit through a lawyer and a solicitor.

Before the judge, it will be sufficient to prove that the owner of the property is the true owner of the property and to make a request to the occupant to leave the property in the event that the consent of the occupant to be on the property has been withdrawn.

This procedure will be resolved through the verbal trial, which is much faster than the ordinary process.

It should be borne in mind that to exercise the eviction action for precarious tenancy, there is no requirement other than the will to recover the property occupied.

In summary, it is a relatively simple procedure, but it is important to be well accompanied and advised during the procedure in order to achieve a solution as quickly as possible.

If you wish to hire the services of specialist lawyers in eviction for precarious tenancy, do not hesitate to contact our office, we will assist you and assess your case completely free of charge.

Contact our team of specialist lawyers.