Court Ruling: Municipality Supported in Housing Dispute
The Superior Court of Justice of Andalusia (Tribunal Superior de Justicia de Andalucía, TSJA) sided with the Malaga city authorities in a case regarding the repossession of municipal housing that had been illegally occupied for almost nine years. The administrative chamber in Malaga issued an order authorizing forced entry to enforce the eviction. During the proceedings, it was determined that the resident did not have grounds of social vulnerability that would justify continued occupancy.
Administrative Eviction Procedure: Key Features and Safeguards
In Spain, municipalities have the right to launch administrative eviction proceedings if a municipal property is occupied without a contract or after the tenancy period expires. This procedure allows the return of municipal assets without civil court involvement. However, if entry into the dwelling is required, authorities must obtain court authorization to respect constitutional guarantees of home inviolability. Throughout the eviction process, residents retain basic rights: they must be notified when proceedings begin and have the opportunity to present their case and documents proving potential vulnerability. Authorities are also required to assess the situation through social services to determine whether additional support or a delay in enforcement is needed.
Background of the Dispute: Alternative Housing and Refusal to Cooperate
The situation began in 2016, when a woman occupied a municipal apartment without permission, even though she had already been provided with another apartment in the same housing complex. The new apartment was inhabited by her children, daughter-in-law, and grandchildren. City authorities determined that the family already had suitable housing and initiated administrative and legal proceedings to reclaim the second apartment. The case materials also included a criminal court ruling on the unauthorized occupation, which imposed a fine and an obligation to vacate the premises.
Appeal and Final Decision: Rule of Law Prevails
Initially, the court of first instance denied the municipality entry rights, ruling that sufficient alternatives had not been offered and no social assessment had been conducted. However, on appeal, the TSJA took into account that city services had proposed to carry out such an assessment, but the woman herself refused to cooperate. This fact proved decisive for the court, which recognized the authorities’ actions as lawful and proportionate. The judges emphasized that the woman still has the option to live in the apartment previously provided to her, rather than the one she had occupied without authorization.
Impact of the Ruling on Municipal Housing Policy
The TSJA ruling strengthens the city authorities’ position in tackling the illegal occupation of municipal apartments. The court noted that such cases reduce access to housing for families genuinely in need who are waiting for allocation. The decision confirms the municipality’s right to recover properties occupied without a contract, provided all procedural safeguards are followed and reasonable alternatives are offered. As a result, administrative eviction is established as an effective tool to protect the city’s housing stock and balance the interests of society with the rights of individuals.
