Problems of the occupation: lawyers, security, psychologists and others

The problem of occupation continues to grow in Spain. The Platform for Victims of Occupation estimates the number of home invaders in the country at more than 100,000, including so-called 'enciocupas' who initially rent but their true goal is to stop paying in order to stay in it for free until the coveted eviction is carried out.

About 100,000 families and owners face torment, legally, economically and psychologically, because of the inefficiency and malevolence of politicians who leave the victims of this crime completely defenseless. The damages suffered by victims of the occupation are many and varied, as outlined in the Practical Guide to''countering illegal home occupation, just released by the Freedom Development Foundation.

Specifically, more than 20, starting with an owner who experiences a 'decline in income' due to an inability to earn income or utilize their property, as well as a significant increase in expenses, among which are:

• "Normal utility costs" (monthly fee and possible surcharges) that are not offset by the income received and that begin to create serious financial losses for small owners.
• "Special utility costs" because the owner community, after occupation, may increase its security through alarms or other measures or may file a lawsuit against''occupiers, creating additional surcharges that an owner who has been victimized by occupation cannot get rid of.
• 'Occupied housing taxes' that cause the same harm because they are not offset by the income they generate. Specifically, property tax (IBI), municipal levies and property tax where it is still in place.
• "Banking costs" as the owner in many cases is still paying a mortgage which, as with the previous costs, will not be partially or fully offset by the income received as the property will not be rented out.
• "Utility costs" that the owner could not disconnect.
• "Legal expenses" for hiring an attorney and prosecutor,'''on eviction. These costs can be substantial: a new door and lock or booking, new grilles or shutters on the first floor, repair of demolitions, etc.
• 'Medical expenses' for support and treatment for depression or other psychological disorders caused by the occupation, and for physical treatment in case of aggression by occupiers or criminal gangs.

Property DamageTo all this is added the serious "property damage" as one of the main damages caused by occupiers is the physical destruction and subsequent devaluation of the affected properties. In addition, an occupied apartment is subject to even more severe 'depreciation' if the owner tries to get rid of it while it''is still occupied. In order to sell it during the eviction process, the price has to drop significantly due to the length and complexity of the process itself. In fact, according to this guidance, there are cases of organized occupation by the mafia, which, in effect, seeks to obtain ownership of the property at a reduced price: they occupy the dwelling and then offer the owner to buy it, apparently at a much lower market price.

Another important harm is 'inducing surrender on sale'. In many cases, an occupied property cannot be rented out or must be rented out at a very low price because of its state of disrepair, the repair of which would be very expensive and often beyond the owner's means. In many cases the owner is forced to''sell the property at a lower price for fear of new occupation or inability to manage the lease.

Damage to neighbors In addition, the surrounding neighborhood also suffers from the effects of occupation in four specific areas:

• "Deterioration of Coexistence":Relationships between neighbors suffer greatly when an outside element in the form of an occupying group appears in an apartment building or townhouse community (e.g., adjacent homes). In addition, most occupiers exhibit aggressive behavior and fights and illegal activities such as vending' are common in occupied dwellings'drugs.
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• 'Depreciation of other dwellings': occupation instantly devalues the remaining dwellings, especially in apartment buildings. If there is more than one, the value of the building can drop dramatically. The damage to neighbors who are thinking about moving is enormous because the amount they can get from the sale of their current home will be greatly reduced.
• "Deterioration of common areas": occupiers are not known for their good treatment of common elements and circulation areas. As the building has also depreciated in value, owner-occupiers and even some resident owners will be less inclined to invest in improving these areas.
• 'Increased utility costs': the shock of first occupation of a dwelling,''often forces the other owners to take measures to prevent other cases by increasing security in the entrance, access and common areas. This in itself already creates additional costs and possible surcharges. In addition, while one or more of the building's living spaces remain occupied, the remaining owners are exposed to costs such as illegal water and electricity connections, as well as costs related to coexistence problems and deterioration of common areas.

Third party damage Another type of damage, less visible but no less serious, is damage to third parties:

• For tenants: logical distrust of owners increases the costs a potential' must face'safety, coexistence and even property values throughout the affected area.

Damage to the community Finally, but just as importantly, damage to the entire community:

• "Deterioration of the right to property": this right is key to other rights and civil liberties.
• "Deterioration of legal security and investment climate": investors, especially in real estate, will move elsewhere due to high legal uncertainty as lawsuits are lengthy, evictions are difficult, and property is not respected.
• 'Deterioration of the tourist attraction': in many cases, occupation is taking place in the central areas of cities, exposing its effects to visitors. This creates a large''uncertainty, real or perceived, and generally detrimental to the tourist attraction.