How do I evict someone living in my flat without a contract?

Question

José Manuel Alburquerque · Accepted Answer

It depends on why the person lives there. If they pay you rent, even if nothing has been signed, they are a tenant under an oral agreement that is as valid as a written one, so you can only evict them on the grounds that apply to any tenant. If they live there because you allowed it without charging them anything, such as a relative or an ex-partner, it is what the law calls occupation by permission (“precario”). All you need do is withdraw permission in writing, offer to negotiate their departure and, if they do not leave, bring a possession claim against an occupier by permission (“desahucio por precario”). If they got in without your permission, it is squatting, which has its own, faster remedies. If they pay you rent A residential tenancy is valid even if it is only agreed orally. If no term was agreed, it is deemed to have been made for one year, which is extended year by year up to five, or seven if you are a legal entity. Bank transfers, receipts or messages can be used to prove it. That is why you can only recover the property as you would with any tenant: If they stop paying, through a possession claim for non-payment. When the statutory term ends, through a possession claim on expiry of the term, after giving them notice in time that you are not renewing it. Since 8 October 2026, if the tenant asks for the contract to be put in writing, you are obliged to do so. It is also in your interest, because with an oral agreement it is difficult to prove what was agreed. If they live there with your permission, without paying This often happens with children, siblings, ex-partners or friends who were lent the property. That tolerated use is called occupation by permission (“precario”) and gives no right to stay on when you want to recover the property: Withdraw your permission by “burofax” (a certified letter with proof of content), giving them a reasonable time to leave. In the same letter, offer to discuss the date and terms of their departure, because before bringing a claim you must try to reach an agreement. If they do not leave, bring a possession claim against an occupier by permission (“desahucio por precario”). You will have to prove that the property is yours and that the occupier has no legal right to be there. In all cases Do not remove them by force, change the locks or cut off the utilities. Even without a contract, if they live there it is their home and doing so may be a criminal offence. If it is the occupier's principal residence and they are in a vulnerable situation, the judge can suspend the eviction for up to two months, or four if you are a legal entity. If they got in without your permission, it is squatting. You can report it as unlawful occupation (“usurpación”) or unlawful entry into a dwelling (“allanamiento de morada”), or use the fast-track civil route if you are an individual, a non-profit organisation or a public social housing body. For that civil route there is no need to try to reach an agreement first, but there is for a possession claim against a tenant or an occupier by permission.