Squatter or Tenant

[TheTodd]

My mother-in-law has a property in Spain which she has let out to somebody without a tenancy agreement (i.e. only a verbal arrangement based on trust). But for nine months now she has failed to pay the rent that is due. In order to remove this woman would we need to follow the process for evicting a tenant or would we be within our legal rights to take more 'direct' action?
Any advice on this matter would be very much appreciated. Thank you.

[SilentBob]

I am assuming that your Mother in Law does not declare the income and pay the taxes for the rent that she 'should have' had ? - This being the case, she will have to tread very carefully here, so not to bring the issue to the attention of the Tax authorities or she may find herself quite heavily fined.

[Robster]

This is a messy one, because without a legal contract no lawyer is really going to want to get involved in this one, But the facts of the matter are that it remains your mother in law's property.
What she could do is forcibly change the locks and take up residence there herself ( Note : NOT actually 'Evicting' them, just advising the tenants that she had nowehere else to live and as such has the right to take up residence in a property she already owns ) - Of course, she might want to get somebody else to do this along with her. After a few days of living with a strange couple making it as uncomfortable as possible for them in a noisy / smelly / dirty house I am sure they would leave of their own accord.

[AJC]

As far as I am aware, in this case you verbally agreed that the other could occupy your property.

That makes them a Tenant and not a squatter.

In the case of Property law a verbal agreement is treated in the same was as a legal contract.

Therefore the 'Squatter' has the same rights as a Paying Tenant.

Ultimately meaning that you need to initiate the same legal eviction proceedings against them.

[Chico]

Maybe I'm being naive here, but what's stopping you forcibly evicting them, changing the locks, and taking possession yourself ?

[sinbad]

As far as I am aware, in this case you verbally agreed that the other could occupy your property.

That makes them a Tenant and not a squatter.

In the case of Property law a verbal agreement is treated in the same was as a legal contract.

Therefore the 'Squatter' has the same rights as a Paying Tenant.

Ultimately meaning that you need to initiate the same legal eviction proceedings against them.

- That just shows how messed up Spain really is !

[MrGrumpy]

The law on Landlords / Tenants in Spain changed a couple of months ago as part of the country´s initiative to encourage landlords with empty properties to let them out to the families that needed them. Previously the law was that far in the favour of the Tenant that many prefered to keep them empty rather than face potential problems in the future.
You might find that your situation is covered by these recent changes to the law : there is a guide on the matter on the "property" section of the site if you want to look it over.