Mandatory negotiation with squatters: new factor that can extend evictions up to 14 months

The newspaper elEconomista.es has published an article analyzing the impact of the new requirement to negotiate with occupants before filing an eviction lawsuit, a demand introduced by the Justice Efficiency Law, in effect since April 2025. In it, journalist Eva Díaz, together with Carlos Muñoz, CEO and partner at CIM Tax & Legal, examine its consequences.

The need to demonstrate a prior attempt at agreement through the so-called Appropriate Means of Dispute Resolution (MASC) can delay the start of judicial proceedings by one to four months. This requirement, combined with the courts' usual timelines, sets the average time to recover the property at around 14 months, even when no appeals are filed by the occupants.

Carlos explains that this obligation particularly affects evictions due to non-payment of rent or contract termination, where prior negotiation is always mandatory. He also notes that the additional workload for the courts, responsible for verifying compliance with the MASC, is contributing to greater judicial system congestion.

The article also distinguishes between different occupancy scenarios. In cases of eviction for precarious occupation, such as housing provided without a contract, prior negotiation is equally required. However, in cases of squatters occupying empty properties, a fast-track procedure is possible without mediation, if filed within one year and by a private individual owner.

It is also highlighted that identifying the occupants and their instability in the property can become an additional source of delay, as any flaw in the negotiation attempt can be used by the defendants to challenge the admissibility of the claim.

CIM Tax & Legal emphasizes that this new scenario requires owners to act quickly and carefully plan each step of the process, as formal requirements and deadlines can be decisive for the effective recovery of the property.CIM Tax & Legal se subraya que este nuevo escenario obliga a los propietarios a actuar con rapidez y a planificar cuidadosamente cada paso del procedimiento, ya que los requisitos formales y los plazos pueden ser determinantes para la recuperación efectiva de la vivienda.

We thank elEconomista and journalist Eva Díaz for trusting in the expertise of our partners. Read the full article on elEconomista here.