Faster recovery of illegally occupied homes

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1. The bill would allow individuals who own or legitimately possess a home, nonprofit entities entitled to possess it, and public entities owning social housing to request the immediate recovery of full possession when deprived of it without their consent.
2. The lawsuit could be filed against unknown occupants of the home, without identifying them in advance, and the document proving the right to possess it must be attached.
3. If the plaintiff requests immediate delivery, occupants would have five days to provide a document justifying their situation. If they do not, and the plaintiff's document is sufficient, the court would order immediate delivery of the home, with no appeal possible against that decision.
4. If defendants do not answer the lawsuit, a judgment would be issued immediately, and a favorable judgment could be enforced without waiting the twenty days required under the general rule.
5. When an eviction date is set for an occupied home, or occupants are identified, social services would be notified, with the occupants' consent, so they can act in cases of vulnerability. Public administrations would have to coordinate and create registries of available social housing.
6. The entry into force of the Civil Registry Law would be postponed until June 30, 2020, and this bill would enter into force twenty days after its publication in the Official State Gazette.

Who it affects

• Individual homeowners: Could request the immediate recovery of their home when occupied without their consent.
• Nonprofit and public entities with social housing: Would have a fast legal channel to recover social housing units that are occupied.
• Illegal occupants of homes: Would have five days to justify their situation and could be evicted immediately if they do not.
• Social services and public administrations: Would receive notices of evictions and vulnerable situations and would have to coordinate their response.

Words worth knowing

Lanzamiento (eviction)

A court order to leave the home and remove the belongings inside it.

Título (title document)

A document proving the right to possess something, such as a deed or a contract.

Tutela sumaria (summary protection)

Fast and simple court protection, without a full trial.

Vacatio

The period between the approval of a law and its entry into force.

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