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What to do in case of squatting in a tourist dwelling as a vacationer or owner

Squatters have always chosen to target tourist or vacation homes, because of the ease with which they gain access to them and usurp them. Especially homes that have been vacant for a long time. This situation can be as overwhelming for the owner of the property, as it is for the user who has rented the property and has found that it is squatted.

The first tip for both the landlord and the tenant is to sign a vacation rental contract. In the event that the property is squatted, the person who is going to rent the property must notify the owner.

Currently, the deadline for evicting a squatter has been extended by almost two years, and experts have called for urgent changes in the law.

Meanwhile, insurers have jumped in to help landlords with new coverage due to high demand. Last year alone, the number of daily claims for squatting cases was 45.

As a result, insurers are including 'anti-squatting' clauses, which add coverage to attack this crime. In 2022 alone, there were around 16,700 complaints in Spain. 

What to do?

If the owner of the property finds that it has been squatted, the first thing to do is to report it. The obstacle is that, as it is not the habitual residence or second home, it will not be considered trespassing. This will make the process much longer and everything can be made more difficult if the squatters present documents proving that they live there (even if they are false or not).

There is also the case in which those who have rented the tourist housing do not leave after the term has expired. In this case the best thing to do is to sign a vacation rental contract beforehand. This way the authorities will act much more quickly. However, the property must be registered as tourist accommodation or the owner could be fined for non-compliant vacation rental.

Otherwise, if the person who wants to rent the property finds that the accommodation is squatted, he/she must immediately contact the owner so that he/she can file a complaint. In addition, the owner must return the money paid in case the payment was made prior to the rental. In this case again it is insisted to have a vacation rental contract.

In the online platforms dedicated to the rental of holiday homes there is the possibility that the platforms serve as intermediaries if there is no common agreement (that the owner does not want to return the money or the tenant requests a higher amount of money).

For this reason, and also so that the traveler is protected from scams (that the vacation rental does not exist and he/she is left without the money paid), it is better to sign a contract.