If you find strangers, or a former caretaker, living in your property without a contract, the law offers two routes: the denuncia (criminal complaint) for invasión (unlawful occupation) and the civil actions to recover possession. It does not allow you to remove them on your own.
What you should not do
Changing the lock (whether or not anyone is inside), removing their belongings, cutting off services, making threats or using force can backfire on you:
Criminal route: the denuncia for invasión
Art. 471-A of the Código Penal (Gaceta Oficial No. 5.768 Extraordinario, April 13, 2005) punishes anyone who, "con el propósito de obtener para sí o para un tercero provecho ilícito" (for the purpose of obtaining an unlawful benefit for themselves or for a third party), invades another person's land, buildings or bienhechurías (improvements) with 5 to 10 years in prison and a fine of 50 to 200 U.T. (tax units). If no benefit is obtained, the judge may reduce the penalty by up to one sixth; it increases by up to half for the promoter, organizer or leader. It is reduced by up to two thirds if, before the first-instance or sole-instance judgment, the invasión ends and the property is fully vacated, and the offender is exempted if they also compensate the damages "a entera satisfacción de la víctima" (to the victim's full satisfaction).
The Código Orgánico Procesal Penal (Organic Code of Criminal Procedure; Gaceta Oficial No. 6.644 Extraordinario, September 17, 2021) allows the denuncia to be filed with a prosecutor of the Ministerio Público (the public prosecutor's office) or with a criminal investigation police body, such as the CICPC (the criminal investigation police) (art. 267). The denuncia, oral or written, describes the facts and names the perpetrators and the witnesses; a written one can be signed by an attorney-in-fact with the required powers (art. 268).
The article punishes anyone who "invada" (invades). If the person entered with your permission (a caretaker, a relative), ask your lawyer whether the case fits the crime. The Sala Constitucional (constitutional chamber) disapplied arts. 471-A and 472 only in agrarian disputes between private parties (ruling No. 1881, December 8, 2011).
Civil route: recovering possession or ownership
| Action | What it is for | Deadline | Legal basis |
|---|---|---|---|
| Interdicto de despojo (action to recover dispossessed possession) | Recovering the possession that was taken from you | Within one year of the dispossession | Código Civil art. 783; CPC arts. 699 and 701 |
| Interdicto de amparo (action to stop disturbance of possession) | Stopping disturbances while you still possess | Within one year of the disturbance; it generally requires more than one year of legitimate possession | Código Civil art. 782; CPC art. 700 |
| Acción reivindicatoria (ownership recovery action) | Having the judge order the property returned to its owner | It does not have the one-year deadline of the interdictos | Código Civil art. 548 |
Interdicto de despojo. Under the Código de Procedimiento Civil (CPC, the Code of Civil Procedure), you prove the dispossession; if the evidence is sufficient, the judge requires you to post a guarantee for the damages if you lose and orders restitution, "utilizando la fuerza pública si ello fuere necesario" (using the public force if necessary). Without a guarantee, the judge can only order the secuestro (judicial sequestration) of the property, if there is a serious presumption in your favor (art. 699). The occupant is then summoned, there are ten days for evidence, and judgment follows (art. 701). Once the year has passed, the ordinary procedure remains; if force was used against the possessor, the year does not start running until the violence ends (art. 709).
Acción reivindicatoria. The owner can claim back their property "de cualquier poseedor o detentador" (from any possessor or holder) (Código Civil, art. 548). The Sala de Casación Civil (civil cassation chamber) requires four concurrent conditions: your right of ownership, that the defendant is in possession, that the defendant has no right to possess, and that it is the same property as in your title; the burden of proof falls, in almost all cases, on the plaintiff (ruling RC.000229, April 27, 2017).
Measures for urgent cases
Outside the interdicto, in an ordinary lawsuit, the judge may order measures, such as the secuestro of the thing in dispute "cuando sea dudosa su posesión" (when its possession is doubtful) (arts. 588 and 599), only if there is a "riesgo manifiesto de que quede ilusoria la ejecución del fallo" (manifest risk that enforcement of the judgment will be rendered illusory) and proof of that risk and of your right (art. 585).
If the occupant says they have a contract
Decreto No. 8.190 against eviction (Gaceta Oficial No. 39.668, May 6, 2011) protects tenants, comodatarios (borrowers under a comodato, a free loan for use) and occupants of a main home against measures that interrupt "la posesión legítima que ejercieren" (the legitimate possession they hold) (art. 1), and those who occupy it "de manera legítima" (legitimately) (art. 2). When it applies, before suing there is a procedure before the housing ministry, with a conciliation hearing (arts. 5 to 9); "No podrá acudirse a la vía judicial sin el cumplimiento previo" (the courts may not be approached without prior completion) of that procedure (art. 10). The Sala de Casación Civil called it a requirement "de impretermitible cumplimiento" (that must be complied with), noted that it is handled by the Superintendencia Nacional de Arrendamiento de Vivienda (SUNAVI, the national housing-lease authority) and warned that those who acquired possession "por causas no tuteladas por el derecho, de ninguna manera podrán invocar la protección" (for reasons not protected by law, may in no way invoke the protection) (ruling No. 175, April 17, 2013, case file AA20-C-2012-0000712). The decree protects the lawful occupant (tenant, comodatario), not the invader.
| Situation | What the texts say |
|---|---|
| Invader, or a contract signed by someone who is not the owner | The decree does not protect unlawful possession (2013); in 2024 the prior procedure was not required (see below) |
| Free loan (comodato) that is the occupant's main home | The decree names comodatarios (arts. 1 and 2). See the guide on the comodato of a home |
| Lease with you, in possession before August 7, 2026 | Outside the 2026 law while that possession continues (art. 2); they follow the 2011 law and the decree |
| Lease agreed with you after that date | The decree does not apply (Disposición Transitoria Única, the sole transitional provision); eviction can only be ordered by a tribunal de municipio (municipal court) or an arbitral tribunal (art. 27). See the guide on eviction |
In ruling No. 80 (March 1, 2024, case file AA20-C-2023-000282), according to the lawsuit, the occupant showed an alleged vacation rental contract signed by someone other than the owner. The Sala annulled the judgment that had declared the interdicto de despojo inadmissible, for two reasons: the decree only covers the main home, and that rental was a vacation rental; and it only covers legitimate occupation, "entendida esta en el sentido que la ocupación no se halle en el supuesto de invasión u otro delito contra la propiedad" (understood in the sense that the occupation does not fall under invasion or another crime against property). Those are the Sala's words, drawing on ruling No. 1.763 of the Sala Constitucional (December 17, 2012). It added that the interdicto "presupone una posesión ilegitima o ilegal" (presupposes an illegitimate or illegal possession). Whether the occupant's contract is valid is for a judge to decide.
Evidence worth gathering
If you live abroad: the power of attorney
For the lawsuit, the poder (power of attorney) must be granted "en forma pública o auténtica" (in public or authenticated form); "No será válido el poder simplemente reconocido" (a merely acknowledged power of attorney will not be valid) (CPC art. 151). Only practicing lawyers can act under powers of attorney in court (art. 166). To withdraw the claim, settle or receive money, the power must be express (art. 154). To sign it abroad, see the guide on general or special power of attorney.
A lawyer should choose the route based on how the occupant got in and what papers they show.