How to Evict a Squatter in Madrid in 2026: Costs and Procedure

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What is a Squatter and What Does the Law Say in Madrid? <\/h3>

A squatter is a person who enters and remains in a property without the owner's consent. In Spain, there are legal differences between:<\/p>

• Illegal occupation (usurpation): When someone enters an uninhabited property without permission.<\/li>
• Non-paying tenant: When someone stops paying rent but remains in the property.<\/li> <\/ul>

  The eviction of a squatter in Madrid depends on the type of occupation and the corresponding legal process.<\/p> Step 1: Report the Illegal Occupation <\/b>

  If your property has been recently occupied, it is crucial to act quickly:<\/p>

  • ✅ Call the National Police or Civil Guard.<\/li>
  • ✅ File a report at the police station indicating that your property has been occupied.<\/li>
  • ✅ Provide proof of ownership (simple note from the Registry, deeds, utility bills in your name).<\/li>
  • ✅ Explicitly request that it be processed as an express eviction <\/b> (see below): the fast-track is not activated automatically.<\/li> <\/ul>

    If the occupation is recent (less than 48 hours), the security forces can evict without a court order.<\/p>

    New in 2026: 15-Day Express Eviction <\/h3>

    With the reform that allows processing usurpation and trespassing as a fast-track trial (reinforced by Royal Decree-law 2\/2026), an owner can obtain the eviction order in approximately 15 days from the trial <\/b> (not from the report), provided that:<\/p>

    • The express eviction route is explicitly requested when filing the report or complaint.<\/li>
    • Ownership of the property is proven (simple registry note) and clear evidence of illegal occupation is provided.<\/li>
    • There are no grounds for suspension: if the squatter proves a recognised social vulnerability situation, the judge may request a report from social services, which extends the process by several weeks.<\/li> <\/ul>

      Note that, in parallel, the suspension of evictions and launches for vulnerable households remains in force until 31 December 2026 (except in cases such as violent entry, evidence of illegal activity, or if it is the owner's primary or secondary residence).<\/p> Step 2: File an Eviction Lawsuit <\/b>

      If the squatters have been in the property for more than 48 hours and the express eviction does not apply (or is not appropriate), you must initiate a legal eviction process. There are two routes:<\/p> 1. Civil Procedure (Express Civil Eviction)

      If you are the property owner, you can initiate an eviction trial under the Civil Procedure Act.<\/p>

      • Timeframe: 3 to 6 months to resolve (slower than the express criminal route, but useful when the requirements of the latter are not met).<\/li>
      • Process: A lawsuit is filed in court, and the squatters have 5 days to prove they have the right to live there.<\/li>
      • Outcome: If they cannot justify it, the judge orders the eviction.<\/li> <\/ul> 2. Criminal Procedure (Usurpation Offence)

        If the squatters have entered your property without violence and without a contract, you can report for usurpation offence (art. 245 of the Penal Code). This is the route that allows for the 15-day express eviction if expressly requested.<\/p>

        • Timeframe: Around 15 days from the trial if processed as express; it may take longer if the requirements are not met or if a vulnerability report is needed.<\/li>
        • Process: The complaint is filed in court, and if usurpation is proven, eviction is ordered and fines are imposed.<\/li>
        • Consequence for squatters: Fine of 3 to 6 months or imprisonment if there is violence.<\/li> <\/ul>

          Step 3: Court Order for Eviction <\/h3>

          Once the judge issues the eviction order, the squatters have a period to voluntarily leave the property. If they do not, forced eviction proceeds.<\/p>

          • ✅ The Police or Civil Guard will execute the eviction.<\/li>
          • ✅ It is recommended to change the lock immediately.<\/li>
          • ✅ If there is damage to the property, you can file a civil liability complaint.<\/li> <\/ul>

            Approximate Costs for the Owner in Evicting a Squatter <\/h3>

            Evicting a squatter involves several expenses that the owner must bear:<\/p>

            • Lawyer's fees:<\/b> Between €1,500 and €3,000, depending on the complexity of the case.<\/li>
            • Procurator:<\/b> Between €300 and €600, mandatory in the civil judicial process.<\/li>
            • Court fees:<\/b> Between €100 and €200, although they may vary.<\/li>
            • Locksmith expenses:<\/b> Between €150 and €300 to change the lock after eviction.<\/li>
            • Damage to the property:<\/b> Repairs can cost from €1,000 to more than €10,000, depending on the state in which the squatters leave it.<\/li>
            • Loss of income:<\/b> If the owner intended to rent or sell the property, they may lose income during the process.<\/li> <\/ul>

              In total, an eviction process can cost between €3,000 and €15,000, depending on the damage and the duration of the occupation.<\/p>

              How Long Does It Take to Evict a Squatter in Madrid? <\/h3>

              The timeframe varies according to the procedure:<\/p>

              • Immediate eviction: If action is taken within 48 hours of occupation.<\/li>
              • Express eviction (criminal route, expressly requested): Approximately 15 days from the trial.<\/li>
              • Civil eviction: Between 3 and 6 months.<\/li>
              • Ordinary criminal procedure (without opting for the express route): It may take more than 6 months.<\/li> <\/ul>

                Can a Property Be Recovered Without Trial? <\/h3>

                If the judicial eviction takes time, some owners seek other solutions:<\/p>

                • ❌ Cutting off utilities: It may be illegal if the squatter reports it.<\/li>
                • ❌ Recovery by force: Not recommended, it can lead to legal problems.<\/li>
                • ✅ Agreement with the squatters: In some cases, a voluntary exit is negotiated.<\/li> <\/ul>

                  Tips to Prevent Your Property from Being Occupied <\/h3>

                  To prevent illegal occupation, follow these recommendations:<\/p>

                  • Install alarms and security cameras in empty properties.<\/li>
                  • Keep the property inhabited or in use.<\/li>
                  • Register the property correctly to facilitate any legal procedure.<\/li>
                  • Inform neighbours to notify if they see suspicious movements.<\/li> <\/ul>

                    Conclusion <\/h3>

                    The eviction of a squatter in Madrid can be a long and costly process if not acted upon quickly, although the 2026 reform has opened an express route of about 15 days for cases of usurpation or trespassing, provided it is requested from the outset. The ideal is to report within the first 48 hours and expressly request the express procedure to avoid a longer judicial route.<\/p>

                    If you need legal advice, consult a lawyer specialising in evictions or visit the Community of Madrid<\/a> for more information.<\/p>