New eviction law in Spain
Do you have a ‘squatter’ in your home in Spain? Then take into account the reform in law 5/2018 in relation to the process of eviction for non-payment. This blog is written by Welex, litigation lawyers in Marbella, Málaga, Spain.
The procedure of eviction for non-payment in Spain , which was already established in nineteenth-century regulation in the law of civil procedure of 1881, provides for a procedure to evict the person who was in situation or under the condition of tenant at sufferance (Article 1565 LECA).
By way of illustration, the Spanish Supreme Court has defined the legal concept of occupancy without a lease because there was no legal definition (STS judgments of April 13, 2011 and June 13, 2006), stating the following: