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

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

A squatter is a person who enters and remains in a property without the owner's consent. The legislation is the same throughout Spain, as it involves state laws (Penal Code and Civil Procedure Law), so what is explained here applies equally in Almería city, Roquetas de Mar, Vera, Mojácar, or any municipality in the province. There are legal differences between:<\/p>

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

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

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

  • ✅ Call the National Police or Civil Guard (in many coastal municipalities of Almería, the Civil Guard is the main reference).<\/li>
  • ✅ File a report at the nearest police station or barracks indicating that your property has been occupied.<\/li>
  • ✅ Provide proof of ownership (simple note from the Property Registry, deeds, utility bills in your name).<\/li>
  • ✅ Explicitly request that it be processed as 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>

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

    With the reform that allows processing usurpation and home invasion as a fast-track trial (reinforced by Royal Decree-law 2/2026), an owner can obtain the eviction order within 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 suspension causes: 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>

      Keep in mind that, in parallel, the suspension of evictions and launches for vulnerable households remains in effect until 31 December 2026 (except in cases such as violent entry, indications of illegal activity, or if it is the owner's main or second 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 applicable), you must initiate a legal eviction procedure. 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 Law before the Court that corresponds to the location of the property in the province of Almería.<\/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 (Crime of Usurpation)

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

        • Timeframe: Around 15 days from the trial if processed as express; it may take longer if the requirements are not met or 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 prison sentence if there is violence.<\/li> <\/ul>

          Step 3: Judicial Eviction Order <\/h3>

          Once the judge issues the eviction order, the squatters have a deadline 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 claim.<\/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>
            • Court agent: <\/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>
            • Property damage: <\/b> Repairs can cost from €1,000 to over €10,000, depending on the condition left by the squatters.<\/li>
            • Loss of rental income: <\/b> Especially relevant in tourist areas of the Almerian coast, where an empty property may lose holiday rental 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 Almería? <\/h3>

              The timeframe varies depending on the procedure:<\/p>

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

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

                To prevent illegal occupation, especially in second homes on the coast that remain empty for much of the year, follow these recommendations:<\/p>

                • Install alarms and security cameras in empty properties.<\/li>
                • Keep the property inhabited or in use (for example, through managed holiday rentals).<\/li>
                • Properly register the property to facilitate any legal procedures.<\/li>
                • Inform neighbours or the homeowners' association to alert you if they see suspicious movements.<\/li> <\/ul>

                  Conclusion <\/h3>

                  Evicting a squatter in Almería can be a lengthy 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 home invasion, provided it is requested from the outset. Ideally, report within the first 48 hours and explicitly request the express procedure to avoid a longer judicial route.<\/p>

                  If you need legal advice, consult with a lawyer specialising in evictions in your area.<\/p>