The Congress Approves Fast-Track Trials for Squatters but Excludes Tenant-Squatters

Last Thursday, November 14, the Congress of Deputies approved the acceleration of trials for cases of illegal housing occupation. This measure is outlined in the new Judicial Efficiency Law, which enables offenses such as trespassing and home invasion to be handled through a fast-track procedure, with a maximum processing time of 15 days.

Fast-Track Trials as a Solution?
According to the law, judges must schedule a hearing within 72 hours of the offender's arrest while police prepare their report. If the case proceeds to trial, it must be concluded within 15 days, including a verdict within three days of the trial's conclusion.

Although this change appears groundbreaking, critics remain cautious. Lawyer José Ramón Zurdo, director of the Agencia Negociadora del Alquiler (ANA), highlights the complexity of real-life cases. "For properties occupied by vulnerable individuals, eviction won't be immediate since social services need to intervene, which could delay the process."

A Limited Solution
The new law exclusively targets trespassing and home invasion, leaving out other problematic situations such as "tenant-squatters" (inquiokupas). These are tenants who pay only the first month's rent and deposit but then refuse to pay further, exploiting the slow legal process to remain in the property as long as possible. Such cases must still go through lengthy civil procedures, such as fraud complaints.

Jesús Manuel Martínez Caja, legal advisor for AMADEI, explains that tenant-squatters commit no criminal offenses that qualify for the fast-track process. As a result, these cases will continue to experience delays of up to one and a half to two years, unlike the 20-day timeline made possible by the new law for other offenses. Martínez Caja also warns of potential court congestion due to the influx of such cases.

Alternative Proposals
The Agencia Negociadora del Alquiler argues that administrative reforms would be more effective than judicial solutions. One proposal is the creation of a public rental registry, allowing invalid or unregistered rental agreements to be grounds for immediate eviction without judicial intervention. This could also quickly expose fraudulent contracts often used by squatters to delay or avoid eviction.

Bildu's Mistake and the Law’s Fate in the Senate
An unusual incident during the vote was Bildu's unintended support for the law. Although the group later stated they intend to correct this, the bill now moves to the Senate, where a PP majority reduces the likelihood of amendments.

Conclusion
The approval of fast-track trials for squatters is seen by many as a step forward in addressing housing occupation in Spain. However, experts highlight the structural limitations of the judicial system and the lack of solutions for tenant-squatters or vulnerable occupants. Without additional measures, this reform appears to be a partial improvement rather than a definitive solution.