The introduction of a Anti-occupation clause In rental agreements, it has established itself as one of the most effective legal instruments to protect owners from so-called “inquiokupas”, i.e. those tenants who stop paying rent from the first moment after signing the contract.
This measure, which has recently become increasingly popular, allows the landlord to explicitly document his intention not to resort only to civil law remedies Penalty in the event of intentional non-payment. The lawyer Miguel Ángel Mejías explained its usefulness in a video published on his social networks (@miguelangelmejias_).
As explained, the anti-occupancy clause provides that the owner reserves the right to start paying rent if the tenant stops paying rent in the first few months after signing the lease and within the first year of the lease criminal acts for a possible crime of fraud under Article 248 of the Penal Code.
This provision allows the landlord to file an application with the judge Precautionssuch as immediate eviction of the tenant and, in appropriate cases, even imprisonment. In practice, the inclusion of this clause in the rental agreement serves as a preventive notice to those who may have the intention to occupy the apartment without the intention of paying.
The landlord makes it clear that in the event of non-payment, he will not limit himself from the outset to initiating eviction proceedings through civil law (a procedure that is usually slower), but also reserves the option of filing a lawsuit Fraud complaint. In this way, the potentially conflicted tenant can be deterred from signing the contract, even though he already knows in advance what legal consequences he will face.
In the event that the tenant signs the contract despite a reminder and stops paying from the first moment, the owner can file a lawsuit Criminal complaint and ask the judge to take precautionary measures, such as immediately expelling the resident, explains Mejías.
Although the anti-occupation clause does not provide a final solution to defaults and occupations, it does provide a solution preventative means very useful to strengthen the owner’s position in situations of this type. Its effectiveness lies in the deterrent effect it can have on tenants with fraudulent intentions, by warning them of the criminal consequences that may arise from their behavior.
According to the Ministry of Housing, such were registered in 2024 16,400 complaints due to trespass or usurpation of land, which represents a maximum impact of 0.06% on the entire park, provided that these known facts result in a conviction. In addition, statistics from the General Council of Justice (CGPJ) identify 7% of illegal occupations in inhabited houses, the rest and therefore the majority of cases, according to these data, occur in vacant properties.
This is also worth highlighting Difference in the terminology, because usurpation refers to the occupation of empty houses without regular use, which is considered a minor offense and is punishable by a fine. Burglary is more serious and, although not technically occupational, refers to breaking into ordinary homes or second homes. To avoid these problems, the anti-occupation clause proved to be a viable alternative.
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