Spain’s new eviction law may not keep squatters out

Xavi Ruiz, a landlord in Spain, describes himself as a self-taught expert on squatting. 

“Once squatters establish residency in your place, you can’t get them out,” Ruiz said, adding that it’s as easy as ordering a pizza or something on Amazon. 

A delivery receipt with the squatter’s name and an address is proof enough for the police that they live there, he said. So are personal belongings in the home, like toothbrushes or family photos.

Ruiz should know — because he has often struggled to get rid of squatters on his properties. He said that he has one personal incident with squatters in his flat, and 14 of his properties in the last year and a half have also had illegal occupants. 

Since the 1980s, a lenient approach to enforcing property laws has allowed squatting to flourish in the country. But now, the Spanish government is trying to rein it in with a new law, popularly known as Evictions Express, which lets property owners fast-track their cases and get most squatters out within 15 days — theoretically. 

But building owners, officials and other observers say that in practice, the law, which took effect in April, has done little to alleviate the problem. They say that’s because the law relies on a court system that’s overwhelmed, with cases that are delayed for months or even years. Meanwhile, as housing prices continue to rise, more people can’t afford to pay rent.

Judge Maria Jesus del Barco in Madrid recently told Spanish TV that the law isn’t working. 

It’s not just the backlog of cases, but also the protests, she said. When the authorities show up to evict somebody, they often call it off because they find huge crowds protesting Spain’s huge housing problem. 

Demand has far outstripped supply in recent years, sending rental prices through the roof and squatters through locked doors and shuttered windows.

At one squat in Barcelona, a young woman who asked not to give her name because of the delicacy of her situation, said that she and some friends broke into this boarded-up, city-owned building eight years ago.

“Rental prices in Barcelona are so high it’s immoral,” she said. “Plus, groups of foreign investors with tons of money have been buying up lots of flats, pushing prices even higher, and no one is stopping them.”

For thousands of people, she added, it’s squat or sleep outside. 

Some local owners say that the situation makes them reluctant to rent at all. One reason: there’s a class of squatters that the new Evictions Express law does not cover: inqui-okupas, or renters who sign a long-term lease and then stop paying.

Lluisa Ripoll, a local businesswoman, said that “you can be stuck for several years without charging the tenant a dime. But the owner still has to pay property taxes and utility bills.”

Ripoll said that she just bought an apartment in downtown Barcelona that would probably fetch a high rental price in today’s market, but she said she’s not willing to take the risk.

Ruiz, the landlord, agreed that the law isn’t working. Just last week, he paid a woman $3,000 to leave a flat he owns about two hours from Barcelona. 

“When my squatter left, I was scared. I didn’t know who else might have keys. So, I put in an entirely new security door, changed the locks and got an alarm,” he said.  

Although it’s an imperfect solution, Ruiz said, he isn’t discouraged. In fact, 1 1/2 years ago, he started a business buying apartments with squatters inside, which tend to be half the market price. 

Then, as he did with his own flat, he pays the squatters to leave, fixes up the places and sells them. 

The only squats he won’t touch, he said, are those where people are on the edge — maybe one step away from homelessness. Like struggling families with young kids, for example. 

The country should be building more subsidized housing for the most vulnerable, he said. But it isn’t doing it fast enough.

The government has said it has built some 80,000 subsidized apartments, and has pledged 100,000 more. But it’s far short of what Spain needs. So, the tension remains. Homeowners are still stuck with squatters who have few other options.