What is an “inquiokupa” and what can you do about it?

Question

José Manuel Alburquerque · Accepted Answer

It is the name used in the media for a tenant who stops paying and refuses to leave. It is not a legal term and, legally, such a tenant is not a squatter, because he or she entered the property under a contract. That is why the fast-track remedies against squatting and a report for unlawful occupation (“usurpación”) or unlawful entry into a dwelling (“allanamiento de morada”) are of no use. What you need to do is try to reach an agreement and, if there is none, bring a possession claim for non-payment together with a claim for the rent owed, after demanding payment by “burofax” (a certified letter with proof of content) at least thirty days beforehand so that the tenant cannot stop it by paying at the last minute. Why such a tenant is not a squatter The difference lies in how they got in. A squatter enters without the owner's permission. The so-called “inquiokupa” came in under a contract and has stopped complying with it, which is a civil breach and not a crime. That is why neither the fast-track civil route against squatting (designed for those who enter without consent) nor the fast-track criminal trial for unlawful occupation or unlawful entry can be used against such a tenant. There can only be a crime in specific cases: If the tenant deceived you from the outset into letting the property with no intention of paying, for example with false payslips or employment contracts. This may be fraud, although the courts are demanding and non-payment alone does not prove it. If the tenant gave you false documents to obtain the tenancy. If the tenant deliberately wrecks the property or takes the furniture or the appliances. What to do Send the tenant a burofax demanding everything owed and warning that, if it is not paid within thirty days, you will sue. If the tenant does not pay within that time, he or she will no longer be able to stop the eviction by paying at the last minute. In that same letter, or in another, make a genuine proposal for a solution, such as paying in instalments or leaving the property on a given date in exchange for writing off part of the debt. Since April 2025, you must try to reach an agreement before bringing a claim. A mere demand for payment is not enough. If there is no agreement, bring a possession claim for non-payment and at the same time claim the rent owed and the rent that falls due during the proceedings. You need a lawyer and a court agent (“procurador”). If you have rent guarantee insurance or a guarantor, notify them straight away. Do not change the locks or cut off the utilities. It may be a criminal offence and it would put you in the wrong when you are in the right. If the tenant is in a vulnerable situation, the judge can suspend the eviction. Since 8 October 2026, the public authorities also have two months to pay what the tenant owes or find him or her another home. How to prevent it Check the prospective tenant's ability to pay before signing, using their payslips, employment contract or income tax return. In addition to the statutory deposit (the “fianza”) of one month's rent, you can ask for an additional guarantee, such as a cash deposit or a bank guarantee, of up to two months' rent in tenancies of up to five years, or seven if you are a legal entity. If you want to insure against non-payment, you take out and pay for the insurance yourself. Since 8 October 2026, you cannot require the tenant to take it out.