Who Are 'Ocupas' and Is the Risk Big?
Izabela Dacewicz
For property owners in southern Spain, the term "ocupas" (squatters) can evoke concern and uncertainty.
These are individuals who illegally occupy homes, often making it difficult and time-consuming for property owners to reclaim their property. As you consider renting out your home, understanding the risk of squatters in rental properties Spain is crucial for protecting your investment and avoiding costly legal battles.
Who Are 'Ocupas'?
'Ocupas' refer to squatters who unlawfully occupy vacant properties in Spain. Unlike traditional squatters in some countries who take over abandoned buildings, ocupas in Spain can sometimes target vacation homes or rental properties that are temporarily vacant. The process of removing them can be lengthy and complicated due to Spanish laws, making it a significant risk for landlords, particularly in tourist-heavy regions like Andalusia and the Costa del Sol.
How Big Is the Risk?
The risk of squatters in rental properties Spain has become a growing concern, especially in areas where second homes or vacation rentals are common. While the overall numbers are still relatively low, the rise in illegal occupations has made it a real threat. Squatters often exploit legal loopholes that can make eviction a complex and slow process. For property owners renting short-term, a vacant property—even for a short period—can be vulnerable if proper precautions aren’t taken.
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What Landlords Should Know About Squatters
Understanding your rights and the legal process is crucial when facing the risk of squatters in Spain. Spanish law tends to protect tenants and occupants, even if they are illegal, which can make eviction procedures lengthy. If squatters occupy a home for over 48 hours, it’s no longer considered a case of trespassing but rather an occupation, which requires a court order to evict. As a property owner, it's essential to stay informed about these laws and the steps required to reclaim your property in the event of an occupation. In Malaga, more than 400 cases of squatting are recorded each year*, and in 2023, 15,289 complaints were registered for illegal occupation of properties throughout Spain**.
How to Protect Your Property from Squatters in Southern Spain
Preventive measures are the best way to avoid the nightmare of dealing with squatters. Here are some key tips for how to protect your property from squatters:
Security Systems: Install high-quality security systems, including alarms, cameras, and motion detectors. These can deter squatters from attempting to enter and help you monitor your property remotely.
Regular Inspections: Ensure the property is regularly checked, especially during periods when it’s vacant. Regular inspections make it less likely that squatters will target your property.
Visible Presence: Make sure your property appears occupied. This can include automated lighting systems or hiring someone to check in on the property regularly, ensuring that it doesn't seem abandoned.
Legal Protections: Invest in legal advice or insurance that covers issues related to illegal occupation. There are policies specifically designed to protect landlords from the cost and stress of dealing with squatters.
Insurance: In Spain there are specific insurance policies available to protect homeowners against squatting. These policies are offered by various companies and typically cover key aspects such as:
Loss of income: If the owner cannot rent or use their property due to squatters.
Property damage: Coverage for damages caused by squatters during their illegal occupation.
Legal assistance: Coverage of legal costs for evicting squatters.
Alternative housing: In some cases, the policy provides alternative housing for the owner while the situation is resolved.
One example is the policy introduced by Línea Directa in 2022, which launched the first comprehensive anti-squatter insurance*** in response to the growing concern among property owners in Spain. This type of insurance has become more popular due to the legal complexities and the lengthy process often required to evict squatters, which can be both time-consuming and expensive for homeowners.
What is the actual law regarding ocupas in Costa del Sol?
How Sunset Rental Can Help Protect Your Property
Hiring a property management company like Sunset Rental can be a game-changer in protecting your holiday rental from illegal occupation. Sunset Rental specializes in managing properties on the Costa del Sol and ensures your property is secure, well-maintained, and less vulnerable to squatters. They offer regular property checks, a strict screening process for tenants, and fast action if any issues arise.
Conclusion: Protect Your Investment
In summary, the risk of squatters in rental properties is a real concern for landlords in Spain, particularly in popular tourist areas like the Costa del Sol. To safeguard your investment, it’s essential to be proactive and stay informed about your legal rights as a property owner. Hiring a professional property management company like Sunset Rental can significantly reduce your risk and give you peace of mind.
* Source: https://www.malagahoy.es/malaga/Malaga-okupa-vivienda-dia_0_1768024642.html
