Illegal occupation
We help you check what your insurance does if someone moves into your home without permission, and put in place whatever it falls short of.
Who this cover is for
Homes that stand empty for periods
Second homes, inherited houses awaiting distribution among heirs, flats between one tenant and the next, or properties up for sale. The longer a home stands empty, the more it pays to check the policy.
Owners who want legal backup
If someone occupies your home, what matters most is getting it back through the courts, and as quickly as possible. For that you need a solicitor, a court agent (procurador), and someone to guide you from the very first call.
Anyone unsure what their policy says
Many home policies mention occupation, others don't, and those that do don't always cover the same things. We tell you in writing what you have and what you're missing before you ever need it.
What's worth weighing up before you take out cover
The guarantees relating to occupation, and their limits, depend on the insurer and the version of the policy you take out, and not every policy includes them. At Retuerto y Asociados, we set them out for you in writing before you decide.
Legal expenses to recover the property
Check whether the legal expenses cover on your policy expressly includes action to recover possession of an occupied home, and up to what cost limit.
Which property, and what use
Ask whether the guarantee applies only to your main home or also to a second residence, an empty property, or one you have let out.
Damage left by occupants
Check whether the policy repairs the damage and vandalism caused by occupants, or excludes it because it happened while the home was unoccupied.
Locksmith and lock replacement
Ask whether it covers the locksmith and replacing the lock once the property has been recovered, and whether home assistance comes out even if you're not on the island.
Utilities and costs while it lasts
Check whether the policy covers water and electricity consumption or community fees run up while the home is occupied, and up to what limit.
Waiting periods and exclusions
Ask whether there's a period from when you take out the policy during which the guarantee doesn't yet apply, what happens if the occupation began before you took out cover, and what exclusions the policy sets.
How it works
Nowadays, protection against occupation isn't usually sold on its own: it almost always comes as a guarantee within home insurance, as part of a legal expenses policy, or as an add-on that some insurers offer for specific properties. So the first step is finding out what you already have.
Our work starts by reviewing your current policy: whether it mentions occupation, for which properties, with what limits and under what conditions. If it falls short, we compare the options that fit your case across several insurers and show them to you side by side, with what each one covers and what it leaves out.
If an occupation does happen, acting quickly and through the right channels makes all the difference: reporting it to the police, notifying the insurer and, if the policy includes it, a solicitor to take on the case. We help you notify the insurer and follow up the file so you don't have to chase it yourself.
What's worth knowing
No insurance policy removes occupants by itself. What it can do, if the policy provides for it, is cover the cost of the professionals who handle the procedure and, depending on the version, some of the costs and damage left behind. The decision on eviction always rests with the courts and the police.
It also shouldn't be confused with rent guarantee insurance. If the person living in your home signed a contract and has stopped paying, they aren't an occupant: they're a tenant in arrears, and the right policy is a rent guarantee one, with its own solvency check and its own legal route.
An empty home isn't a risk-free home. If your property is going to stand empty for a long time, tell your insurer: it may count as an increase in risk, and failing to declare it can make claiming on a loss more difficult. We explain this in more detail in how to prevent the occupation of an empty home.
What to weigh up before taking out cover
Pay less attention to the name of the guarantee and more to the small print: whether it requires you to report it to the police within a set time, whether it covers only civil proceedings or criminal ones too, whether it includes the court agent (procurador), whether the cost limit applies per claim or per year, and whether the property has to be furnished or have utilities connected. You'll find the full list in what to check in your home policy.
Frequently asked questions
Does my home insurance already protect me against occupation?
It depends on the insurer and the version of the policy. Some home policies include something related to occupation within legal expenses cover, others offer it as an option, and others don't provide for it at all. Send us your policy and we'll tell you in writing what you have.
Does it apply to a second home or an inherited property?
That's exactly where it's needed most, and where insurers tend to set the most conditions. Some guarantees are designed only for your main home, while others allow for second residences or empty properties, subject to requirements. You need to check this in the specific terms.
Does the insurance evict the occupants?
No. Eviction is decided by the authorities: the police, when they can act on the spot, or, in most cases, a judge. The insurance, if it includes this cover, appoints and pays for the professionals who handle the procedure and may cover some of the costs and damage, always within the policy's limits.
Can I take out cover if my home is already occupied?
Normally it won't cover a situation that already existed when you took out the policy, just as no insurance covers a loss that has already happened. Even so, call us: we'll guide you on the first steps and recommend seeing a solicitor as soon as possible.
What should I do if I discover my home has been occupied?
Don't try to get in yourself or cut off the utilities. Call the police, report it, gather evidence that the property is yours, and notify your insurer. We explain it step by step in trespass or unlawful occupation.
What if the person living in my home had a contract and has stopped paying?
Then it isn't occupation, but rent arrears, and the route is eviction for non-payment. For that risk, there's rent guarantee insurance.
Related articles
Illegal occupation: trespass or unlawful occupation?
Why it matters whether the occupied property is your main residence, and what to do in each case.
Read
How to prevent the occupation of an empty home
Simple measures for second homes, inherited properties and flats between tenants.
Read
Home insurance and occupation: what to check in your policy
The questions worth asking your policy before you need it.
ReadWhat an Insurance Broker really is
The broker is the expert who mediates between the insurance company and the client, representing the insured party and their interests, rather than the insurer alone.
We are the only professionals legally qualified and authorised to advise with strict independence and impartiality from insurance companies.
- We compare the marketAdvice based on an objective analysis of contracts from a sufficient number of insurance companies.
- It costs you nothingThe broker is paid by the insurer in the form of commission. In principle, the service has no cost for the client.
- We handle everythingFrom taking out the policy through to the claim, if one arises.
- We look after your interestsWith the insurer, just as a solicitor would.
Other insurance for individuals
Home
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Legal Expenses
Secures the defence of your interests, advances compensation and provides telephone legal assistance.
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Rent guarantee
You keep receiving the rent even if the tenant stops paying, with legal proceedings and damage also covered.
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Holiday let
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Homeowners' associations
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Title Insurance
Protects the buyer against charges, encumbrances or claims predating the purchase of the property.
View insuranceWhat people tend to believe, and what actually happens
Five ideas we hear often that prove costly the day there's a claim.
"Going it alone works out cheaper."
The broker costs you nothing: the insurer pays them. And a broker compares several companies at once that you'd otherwise have to approach one by one.
"All policies are the same."
Two policies at the same price can have very different limits, excess and exclusions. What matters is what the terms say on the day of the claim.
"The broker works for the insurer."
The broker represents the insured party and their interests. It's the insurer's agent who represents the company — a different role entirely.
"If I have a claim, I'll sort it out myself."
How the report is opened and documented shapes everything that follows. We handle it, and the claim as well.
"Switching insurer is a hassle."
We manage it for you, including cancelling the previous policy in good time so it doesn't auto-renew.
"The compulsory insurance is enough for me."
The legal minimum covers what you cause to third parties, not what happens to you. That's the difference between a scare and a real problem.
Shall we prepare a quote for protection against occupation?
Tell us about your case and we'll send you a comparison of the best options on the market — the best support for making the right decision.
- No obligationWe give you the price and the cover; you decide.
- No costAs brokers, we're paid by the insurer, not by you.
- Quick responseDuring office hours, usually the same day.
What questions do you have?
We'll get back to you with a quote for protection against occupation and a tailored comparison.
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Prefer to talk? Call us on 922 235 203 or message us on WhatsApp at 667 420 381.