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I've been told by friends from Spain that this was already like this?
Let's say foreigners buy a house or a flat and they use it as a summer home. Someone breaks in while you are away and then you can't kick them out.
Anyone from Spain can confirm if this is true?
Quick summary: of you live legally, you have papers that say under what conditions you must leave. If you enter illegally, there's nothing so you need to go to court, which is slow. And during that time, you can't do anything (not even stop the electricity contract) as the ones living there are "innocent until proven guilty of living there without permission"
wow
but isn't the lack of legal papers already illegal? at least for the tax reasons
I mean I get that the courts take time, I'm just wondering how can this work.
does this work with someones car?
Not an expert, please search in case of doubt. However, three way I understand is that police can't remove somebody from "their home", and they can't decide who is the rightful owner of the house. Hence, you need a lawsuit.
Wouldn't work with a stolen car because even on similar circumstances it's not the same to tell somebody to step out of a car and to leave their home. Also there's some sort of constitutional right that establish that if you live somewhere long enough, it's your home. So of you go to the store and somebody gets into your home, it's easy, but if it's a holiday home or you are out in vacation, then it becomes harder.
Reiterating: not a lawyer, this is what I've learnt just living here.
Yes but this is incredibly rare issue and it's just talked about because it sounds bad. Most cases are simply people unable to pay the rent for whatever reason. Some people take advantage of the eviction bans and simply stop paying but I don't know that the % is. Probably also tiny.
I don't know about Spain, but this is 100% true for France, it's even worse in there, if someone squats your only house and you don't fill a complaint before 48h from the breaking in. The squatter got to stay in it.
It's nuts.
This really sounds insane.
so, you go for a 2week vacation somewhere, let's say Italy, someone breaks in you only home and 48h later they 'live there'?
If you want them expelled right away, yes. After 48h, you have to battle it in court which takes months if not years.
Yes, it's as stupid as it sounds.